Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased ratings for intervertebral disc syndrome of the lumbosacral spine and radiculopathy of the left lower extremity are being remanded due to the need for additional examinations to assess the current severity of his service-connected conditions.

The Board dismissed the Veteran's appeals for service connection and higher disability ratings related to various conditions, including left lower extremity sciatic radiculopathy, left knee chondromalacia and osteoarthritis, and lumbosacral spine degenerative disc disease and IVDS. The issues of service connection for bladder dysfunction and bowel dysfunction secondary to these disabilities were remanded.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance. The increased rating claims for traumatic arthritis of the lumbar spine and bursitis of the right shoulder are remanded.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on loss of use of both lower extremities as defined by VA regulations.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on loss of use of both lower extremities as defined by VA regulations.

The Board has received additional relevant evidence and is remanding the cases for readjudication.

The Board has granted service connection for left shoulder disorder, back disorder, neck disorder, and left lower extremity radiculopathy. The conditions are related to a motor vehicle accident the Veteran sustained during his active duty.

The Veteran's right lower extremity radiculopathy is rated at a 60 percent disability rating, effective from the date of this decision. The issue of entitlement to TDIU has been remanded for further development.

The Board has denied a rating in excess of 20 percent for radiculopathy of the right and left lower extremities prior to December 25, 2014. A disability rating of 40 percent is granted from that date. The case is remanded for further development regarding lumbar spinal stenosis and TDIU.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to October 22, 2016.

The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the lower extremities was denied. The rating for the lumbar spine disability remains at 40 percent, while the ratings for the right and left lower extremity radiculopathies were all denied.

The Board denied the Veteran's claims for service connection for right acromioclavicular joint degenerative changes, lumbar spine degenerative changes, and cervical spine degenerative changes with right upper extremity radiculopathy as there was no evidence of a nexus between his current conditions and service.

The Board has determined that the Veteran does not have a current diagnosis of tremors and has denied service connection for this condition. The issues of service connection for cervical spine stenosis, cervical radiculopathy of the bilateral upper extremities, an acquired psychiatric disorder other than depressive disorder (including PTSD and Adjustment Disorder), degenerative disc disease of the lumbar spine with bilateral radiculopathy, a disability rating in excess of 20 percent prior to April 28, 2010, and in excess of 40 percent thereafter for degenerative disc disease of the lumbar spine, a disability rating in excess of 20 percent for lumbar radiculopathy of the left leg, a disability rating in excess of 20 percent for lumbar radiculopathy of the right leg, and an initial disability rating in excess of 70 percent for depressive disorder are all remanded due to incomplete or unclear evidence.

The Board has remanded the Veteran's claims for fibromyalgia, osteoarthritis of all joints, cervical spine disability, and radiculopathy of both lower extremities due to incomplete development. The effective dates for service connection are not being granted as they arose on January 26, 2010.

The Veteran's service-connected disabilities, including migraines, low back disability, and other conditions, are sufficient to prevent him from securing or following substantially gainful employment.

The Board has decided that the Veteran's claims for right and left lower extremity radiculopathy, erectile dysfunction secondary to hypertension, obstructive sleep apnea secondary to hypertension, depression evaluation, thoracolumbar disability evaluation, residual scarring related to inguinal hernia repair evaluation, right shoulder impingement syndrome evaluation, and GERD evaluation are all remanded for further development.

The Board has remanded the Veteran's claims for service connection and rating determinations related to his lower extremity radiculopathy, shoulder dislocation, and degenerative disease of L4-5 and L5-S1. The case is also remanded for further development including obtaining VA treatment records and scheduling a current orthopedic examination.

The Board has determined that an effective date prior to April 25, 2011 for the award of additional dependency allowance for the Veteran's spouse is not warranted.

The Board has remanded the claims for service connection due to insufficient evidence, particularly regarding SSA disability records and their relevance to the Veteran's current conditions.

The Veteran's claim of service connection for a low back disability has been reopened due to new and material evidence. The Board finds that the current low back disability is related to active duty service.