Radiculopathy & sciatica decisions — 2018

The Board has denied the Veteran's claims of service connection for a heart disorder and an acquired psychiatric disorder, including major depression and PTSD. The issues of whether new and material evidence has been received to reopen the claims of entitlement to service connection for skin rashes and sciatica are remanded.

The Veteran's appeal is partially granted with a 30 percent rating for GERD. The remaining issues of service connection and increased rating are remanded.

The Veteran's TDIU claim is being remanded for additional development to determine if he meets the criteria for a total disability rating based on individual unemployability due to service-connected disabilities, including an extraschedular evaluation.

The Veteran's claim for an initial compensable rating and increased evaluation for service-connected right lower extremity radiculopathy is being remanded due to the need for AOJ review of additional evidence relevant to his claims.

The Veteran's low back disability is currently rated at 40 percent, but the Board finds no evidence of unfavorable ankylosis or other conditions warranting a higher rating. The claim for TDIU was denied due to the Veteran's failure to provide requested information and forms.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, and an acquired psychiatric disorder. The claim for medical treatment due to a mental illness was also denied.

The Board has dismissed the Veteran's appeals for increased rating and service connection claims related to various conditions. The Board also granted service connection for TBI with manifestations of headaches and an acquired psychiatric disorder, a lumbar spine disorder with bilateral lower extremity radiculopathy, and a right knee disorder.

The Board has remanded the Veteran's claims for initial ratings in excess of 10 percent for low back disability and in excess of 20 percent for right lower extremity radiculopathy due to a lack of recent medical examination records and treatment.

This decision dismisses the Veteran's appeals for service connection of gout and evaluations in excess of 40 percent for chronic low back pain with degenerative disc disease, left lower extremity lumbar radiculopathy, and right lower extremity lumbar radiculopathy. The effective dates for the grant of service connection for left and right lower extremity radiculopathy are set as July 23, 2003.

The Veteran's radiculopathy of the right lower extremity has been rated at 20 percent, which is for moderate incomplete paralysis. The Board finds that a higher rating is not warranted as there is no evidence of moderately severe incomplete paralysis.

The Veteran's claims for increased evaluations and a TDIU were denied. The spondylolisthesis was rated at 20 percent, which is the maximum rating available under Diagnostic Code 5239. The radiculopathy of the right lower extremity was also rated at 10 percent, as it did not meet the criteria for a higher rating.

The Board has granted service connection for herniated disc and right radiculopathy, as well as residuals of right shoulder surgery. The Veteran's GERD is rated at 30 percent.,The issues of entitlement to increased ratings for bilateral plantar fasciitis, left knee strain with patellar osteophyte formation, and a left ankle disability are remanded.

The Board affirms the grant of a clothing allowance for a back brace used by the Veteran for his service-connected back disability, but denies the claims for topical cream and TENS unit.

The Board has remanded two issues: increased ratings for lumbosacral degenerative disc disease and associated radiculopathy, as well as a TDIU claim. The Veteran needs to provide updated private treatment records and undergo VA examinations.

The Board has remanded the case due to outstanding records and a need for updated examination following the appellant's upcoming back surgery.

The Veteran's claims for service connection for various conditions, including right knee disability, carpal tunnel syndrome of the left hand, radiculopathy of the left and right lower extremities, were denied as there is no confirmation in the evidence that he has these disabilities during the pendency of his appeal.

The Veteran's left hand disability is rated as 100% disabling since February 25, 2011. The Board has granted SMC for loss of use of the left hand beginning May 10, 2014.

The Veteran's service-connected disabilities (asbestosis, degenerative arthritis of the thoracolumbar spine, radiculopathy of the bilateral lower extremities, status post right inguinal hernia repair, anxiety reaction, and lumbar spine scar) have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's degenerative arthritis of the thoracic spine with IVDS and associated radiculopathy of the right lower extremity are currently rated at 20 percent, effective from September 6, 2016.

The Veteran's thoracolumbar spine disorder was granted a compensable rating of 10% for the period prior to August 25, 2014. For the period since December 6, 2014, an initial rating higher than 20% was denied.