Radiculopathy & sciatica decisions — 2018

The Board has remanded the Veteran's claims for an evaluation in excess of 20 percent for his right shoulder disorder, service connection for a neurological disorder of the right upper extremity including radiculopathy and carpal tunnel syndrome, and service connection for a cervical spine disorder due to inadequate examinations and opinions provided.

The Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities was denied as there is no evidence of an earlier claim or raised by the record.

The Board has decided that the case needs further examination and evaluation due to inadequate medical opinions regarding the relationship between the Veteran's sleep apnea and his service-connected conditions.

The Board has remanded the claims for service connection for a low back disability, bilateral lower extremity radiculopathy as secondary to low back disorder, and depression as secondary to low back disorder due to the need for additional medical opinions regarding the etiology of the Veteran's current low back disability.

The Veteran's claim for PTSD was reopened and granted. His lumbar spine disability is rated at 20 percent, effective from December 7, 2015. Separate ratings of 10 percent are assigned for right lower extremity radiculopathy from December 7, 2015 to April 28, 2017, and 20 percent thereafter. A separate rating of 20 percent is assigned for left lower extremity radiculopathy as of April 28, 2017.

The Board has decided to remand the case due to inadequate examination in determining whether the Veteran's chronic lumbar spine pain with radiculopathy is related to service. The examiner should consider the August 1994 and December 1996 service treatment records and the Veteran's lay statements regarding in-service back injuries and continuous symptoms since service.

The Veteran's service-connected disabilities are of such severity as to preclude him from securing or following a substantially gainful occupation prior to October 12, 2010. The Board granted TDIU on an extraschedular basis for this period.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete VA examinations, which did not include all necessary findings. The Veteran will need to undergo new VA medical examinations.

The Veteran's knee and hip disabilities, as well as his lower extremity sciatica, are being remanded for further evaluation due to the need for additional medical examination.

The Board has granted service connection for a right ankle disability secondary to the Veteran's service-connected right knee arthritis. The issues of rating the thoracolumbar spine and L5 radiculopathy, as well as entitlement to TDIU, are remanded.

The Board denied service connection for neurological disabilities of the right and left upper extremities, as well as initial disability ratings in excess of 10 percent for radiculopathy of the right and left lower extremities. The Veteran's claims were based on direct service connection.,For residuals of head trauma, manifested as headaches, the Board denied an initial rating in excess of 30 percent.

The Board denied the Veteran's claim for service connection as his back condition pre-existed active duty and was not aggravated by service. The evidence showed that he had scoliosis before entering military service, and there is no clear and unmistakable evidence to rebut this presumption.

The Board has decided to remand the case due to insufficient information on the severity of the Veteran's service-connected left sciatic peripheral nerve neuropathy. Additional development is needed before a decision can be made.

The Board denied the Veteran's claims for service connection for bilateral hearing loss disability, psychiatric disability, and back disability. The Veteran was also denied an initial rating in excess of 20 percent for his back disability and a higher rating for left lower extremity radiculopathy.

The Veteran's degenerative disc disease of the lumbar spine status post surgery is rated at 40 percent effective November 22, 2010. The Veteran also received ratings for his sinus headaches and residual lumbar scar.

The Veteran's DDD of the lumbar spine and related radiculopathies have been granted increased ratings, with some conditions receiving separate ratings.

The Board has granted an earlier effective date of January 29, 2011 for the award of a total disability rating based upon individual unemployability (TDIU). The Veteran's lumbar spine disability and radiculopathy precluded him from securing or following a substantially gainful occupation prior to this date.

The Veteran's right knee DJD and meniscus injury, fibromyalgia, right ankle strain, lumbar spine osteoarthritis with bilateral lower extremity radiculopathy, and cervical spine DDD with right and left upper extremity radiculopathy have been granted ratings from specific dates. The Veteran is also receiving separate compensable ratings for instability and scars related to the right knee.

The Board has decided to remand the case due to inadequate examination and failure of the Veteran to provide authorization for private medical records.

The Board has granted the Veteran's claims for service connection for radiculopathy of the left and right lower extremities, finding that these conditions are caused by his service-connected back disability.