Radiculopathy & sciatica decisions — 2018

The Board denied service connection for low back, left arm, and right-hand disorders, finding that the current diagnoses are not related to service or any in-service injury.

The Board has denied compensation under 38 U.S.C. § 1151 for lumbar spinal stenosis with radiculopathy due to the August 2014 VA spine surgery, but has remanded cases regarding service connection for acquired psychiatric disability and residuals of eye surgery.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his unemployability is due to his service-connected conditions. The Board finds that referral to the Director of Compensation Service for extraschedular consideration of a TDIU is warranted.

The Veteran's right lower extremity radiculopathy has increased in severity, and a VA examination is needed to assess the current level of disability.

The Board has reopened the Veteran's previously denied claims for service connection for carpal tunnel syndrome and GERD, but has remanded these issues due to insufficient evidence. The hearing loss issue is also being remanded.

The Veteran's hypertension is granted, and his peripheral neuropathy of the upper extremities are rated at 20 percent each. His peripheral neuropathy of the lower extremities (sciatic nerve) are rated at 40 percent each since June 18, 2013, and his peripheral neuropathy of the anterior femoral nerves are rated at 20 percent each.

The Veteran's right knee instability, strain, and scars are rated at 10 percent each. The combined rating is less than the minimum required for TDIU (60% or more disability).

The Board has remanded the claims for increased evaluations and earlier effective dates due to incomplete records from private providers.

The Board has remanded the Veteran's claims for increased ratings for migraines, neck disorder, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity. The issues are related to whether these conditions are associated with his service-connected neck disorder.

The Veteran's claims for service connection for various spinal, nerve, joint, and psychiatric disabilities have been dismissed as the Veteran has withdrawn his appeal of these issues. The claim for a total disability rating based on individual unemployability (TDIU) is remanded due to new evidence.

The Veteran's left and right knee disabilities were granted a 10 percent evaluation prior to March 3, 2012.,A 20 percent evaluation was granted for the Veteran’s thoracic scoliosis from March 3, 2012 to April 30, 2015. The lower extremity radiculopathies were granted a 10 percent evaluation starting May 1, 2014 and a 20 percent evaluation starting June 8, 2016.

The Veteran's claims for increased ratings and TDIU are being remanded due to the submission of new evidence. The AOJ will review this evidence and further adjudicate the claims.

The Board has remanded the claims for an increased disability rating for degenerative disc disease of the lumbar spine and associated sciatic radiculopathy, as well as the claim for special monthly compensation based on need for aid and attendance. The issues are inextricably intertwined with the previously remanded issues.

The Veteran's multiple service-connected conditions, including sleep apnea and thoracolumbar spine issues, have rendered him unable to secure or follow a substantially gainful occupation.

The Board denied all increased rating claims for the Veteran's service-connected conditions, finding that the evidence did not support a higher evaluation for any of the disabilities.

The Board has remanded several claims, including those for service connection and rating for various disabilities. The Veteran's hearing loss and tinnitus are being examined again due to the lack of recent VA treatment records and inadequate examination in 2011. A new peripheral vestibular disorder (vertigo) claim is also being remanded.

The Veteran's claims for increased disability ratings for his low back disability and bilateral lower extremity radiculopathy have been dismissed as the May 17, 2013 rating decision was solely to implement a prior final Board decision.

The Veteran's claim for a higher rating for right lower extremity radiculopathy was denied as his symptoms did not meet the criteria for a disability rating in excess of 10 percent from October 15, 2009 to November 26, 2012; in excess of 20 percent from November 27, 2012 to January 10, 2017; or in excess of 40 percent thereafter.

The Veteran's lumbar radiculopathy of the right and left lower extremities is rated at 40 percent since July 2, 2015. Service connection for anxiety, depression, and PTSD has been granted.

The Veteran's claim of service connection for a back disability has been reopened due to new and material evidence. The issue regarding the temporary 100 percent rating based on convalescence following back surgery was withdrawn by the Veteran. The case is remanded for further development, including obtaining medical opinions and treatment records.