Radiculopathy & sciatica decisions — 2018

The Veteran's initial rating for left lower extremity sciatic nerve radiculopathy remains at 20 percent, and the Board finds no basis to grant a higher rating. The issue of service connection for a headache disorder is remanded due to insufficient evidence.

The Board has remanded the claims for service connection, increased rating, and TDIU due to service-connected disabilities. The Veteran needs to provide medical records from Dr. L. Richard and Greater Ann Arbor Neurology Associates, an addendum opinion on direct service connection, and a new VA examination for his left femur disability.

Service connection for tail bone disorder and obstructive sleep apnea have been denied.,A higher initial rating in excess of 10 percent for lumbar spondylosis is denied. Separate ratings of 10 percent each are granted for left and right lower extremity lumbar radiculopathy since July 18, 2016.

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his inability to dress, undress himself, keep himself clean, adjust prosthetic appliances, feed himself, attend to the wants of nature, or protect from hazards. The Board granted SMC based on the need for aid and attendance.

The Board denied the Veteran's requests for earlier effective dates for service connection of foraminal stenosis and degenerative disc and joint disease of the lumbar spine, as well as radiculopathy of the left lower extremity. The effective date remains June 24, 2014.

The Board has decided to remand the case due to insufficient evidence and need for further examination regarding the Veteran's right leg radiculopathy, which is secondary to his service-connected low back pains.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and his TDIU claim is denied.

The Board has remanded the claims for service connection for left and right lower extremity radiculopathy, as well as an acquired psychiatric disorder (depression and bipolar disorder), due to insufficient evidence. The Veteran's claims are also remanded for a VA examination to determine the nature and etiology of any current or previously-diagnosed conditions.

The Veteran's service-connected disabilities, including his anxiety disorder and degenerative arthritis of the lumbar spine, have rendered him unable to secure or follow a substantially gainful occupation. The Board granted a total rating for compensation purposes based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including cervical radiculopathy of the right upper extremity, left shoulder arthritis, right shoulder arthritis, degenerative disc disease of the cervical spine with strain status post fusion, degenerative disc disease of the lumbar spine, degenerative joint disease of the right hip, degenerative joint disease of the left hip, left knee arthritis, leg length discrepancy, chronic right ankle sprain with avulsion fracture and Morton’s neuroma, scar, anterior neck, nonlinear surgical scar, right shoulder, surgical scars, right shoulder, tension headaches, right inguinal neuropathy, status post inguinal hernia repair, attention-deficit and hyperactivity disorder (ADHD) with mood disorder, and bruxism with temporomandibular joint dysfunction. Additional examinations are needed to determine the current severity of these disabilities.

The Board has remanded the Veteran's claims of service connection for various disabilities, including shoulder, elbow, hand, back, foot, groin, and upper/lower extremity radiculopathy, as well as depression. The appeals are being returned to VA for further development.

The Veteran's right hip disability is granted an increased rating of 20 percent effective July 26, 2013.,The Veteran's neck disability (orthopedic manifestations) is granted an increased rating of 20 percent before December 11, 2017 and a rating of 30 percent after December 11, 2017.

The Veteran's claim for bilateral pes planus was denied. The reduction of the left knee disability rating from 20% to 10% was not proper, and restoration of the 20% rating is granted. A higher (compensable) initial disability rating for right knee surgical scars is denied. An increased disability rating higher than 30% for residuals of right knee torn meniscus with chondromalacia is denied. An initial disability rating higher than 70% for adjustment disorder with mixed anxiety and depressed mood is denied. An initial disability rating higher than 10% for lumbar degenerative disc disease with spondylosis is denied. An initial disability rating higher than 10% for right lower extremity radiculopathy is denied. The effective date earlier than July 1, 2014 for the award of a 30 percent rating for the right knee disability is denied.

The Veteran's claims for service connection were denied multiple times due to the character of his discharge, but were reopened and granted effective June 24, 2015.,PTSD with alcohol dependence (in full remission) was granted effective June 24, 2015.

The Board is remanding the claims for earlier effective dates and increased ratings due to new evidence indicating potential secondary service connection.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development, including obtaining service treatment records and scheduling a VA examination.

The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran was granted TDIU prior to December 27, 2016 due to his service-connected disabilities.

The Board has determined that the Veteran's sciatica and piriformis syndrome are related to her service, as symptoms recurred shortly after discharge.

The Board has determined that new evidence has been added to the claims file and must be considered by the AOJ. The Veteran's VA treatment records for the period from October 2018 to present are requested, and a Supplemental Statement of the Case is needed on the five issues of earlier effective dates and increased ratings.

The Veteran's claim for PTSD was reopened due to the submission of new and material evidence. Service connection is granted for PTSD, but no rating assigned as it is a direct service connection case.