Radiculopathy & sciatica decisions — 2018

The Board denied the Veteran's claims for increased rating for right lower extremity radiculopathy and TDIU, finding that his disability picture did not warrant a higher rating under applicable diagnostic codes or meet the schedular requirements for TDIU.

The Board denied the Veteran's claims for service connection for cervical spine disorder, emphysema, radiculopathy of the left and right upper extremities, internal hemorrhoids, hiatal hernia with gastroesophageal reflux symptoms, and major depressive disorder. The Veteran was granted a 70 percent rating for major depressive disorder from February 20, 2015.

The Veteran's radiculopathy of the bilateral lower extremities, low back disability, and major depressive disorder have been granted service connection. The initial rating for his low back disability has been increased to 40 percent effective April 24, 2018, and he is now rated at 70 percent for his major depressive disorder. He also received a TDIU based on both disabilities.

The Board has remanded the claims for service connection due to lack of evidence supporting the Veteran's account of exposure to hazardous fumes in a tank aboard ship, which allegedly caused his current disabilities.

The Veteran's left lower extremity radiculopathy is currently rated at 20 percent, effective March 16, 2016.

The Veteran's service-connected disabilities are not of such a nature and severity as to prevent him from securing or following substantially gainful employment.

The Board denied service connection for a low back disorder with radiculopathy and erectile dysfunction, finding that the Veteran did not have a chronic condition within one year of separation from service or continuity of symptomatology since separation. The Board also found no in-service incurrence linked by medical nexus to current diagnoses.

The Board has remanded the case to refer the Veteran's claims for an extraschedular evaluation to the Director of Compensation Service due to evidence suggesting that his disabilities combined to cause chronic pain, sleep disturbances, falling, and absences from work.

The Veteran's claim for service connection of bilateral shoulders is denied. The claims for initial ratings of 20% for radiculopathy of the left and right lower extremities are granted, effective from August 6, 2013.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's service-connected disabilities result in functional equivalent loss of use of his feet, which may qualify him for automobile and adaptive equipment or adaptive equipment only benefits.

The Veteran's claims for service connection for a back condition, bilateral radiculopathy (secondary to the back condition), bilateral hip condition (secondary to the back condition), and bilateral leg condition (secondary to the back condition) have been granted.

The Board denied service connection for various conditions, including chronic back disability, osteoarthritis of the knees bilaterally, anxiety disorder, hypertension, lumbar radiculopathy, and cholelithiasis. The Board found that there was no evidence linking these conditions to service.

The Veteran's appeals for increased ratings and TDIU were denied. The left thumb disability was rated at 10%, the cervical spine disability at 20% from October 27, 2010 to July 26, 2015, and at 30% since July 27, 2015; the lumbar spine disability at 40%; the bilateral knee disability at 10%; and TDIU was denied from October 27, 2010 to June 30, 2011. The effective date for the 30% rating for cervical spine disability remains July 27, 2015.

The Veteran's claim for a higher rating for his service-connected thoracolumbar strain with spondylosis is denied. The issues of initial ratings higher than 20 percent and 10 percent for the right lower extremity radiculopathy and left lower extremity radiculopathy are remanded.

The Veteran's appeal for a rating in excess of 20 percent prior to June 15, 2016, and 40 percent thereafter, for left lower extremity radiculopathy is dismissed. The issues of entitlement to a compensable rating for bilateral hearing loss disability and total disability rating based on unemployability (TDIU) due to service connected disabilities are remanded.

The Veteran's claims for increased ratings for his thoracolumbar spine disorder and TDIU are being remanded due to the need for additional development, including obtaining an addendum opinion from a VA examiner regarding flare-ups.

The Veteran seeks service connection for right carpal tunnel syndrome, which he claims is secondary to benign paroxysmal positional vertigo (dizziness). The case is being remanded due to the inextricability of his claim for benign paroxysmal positional vertigo and this one.

The Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, leading to the grant of TDIU.

The Veteran's claims for increased ratings for his lumbar spine disability, left lower extremity radiculopathy, and facial scar were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has remanded several issues on appeal, including service connection claims for various disabilities and an initial rating for fibromyalgia. The effective date of service connection for fibromyalgia is granted as May 13, 2010.