Radiculopathy & sciatica decisions — 2018

The Board has decided to remand the case due to a need for additional examination and opinion regarding the Veteran's radiculopathy of the bilateral lower extremities, which is secondary to her service-connected degenerative disc disease (DDD) of the lumbar spine. The remand requires obtaining relevant VA and private treatment records since August 2017 and forwarding the claims file to a VA physician for an addendum opinion considering the May 2008 private treatment diagnosis.

The Veteran's lumbar facet joint arthropathy and disc disease are granted service connection, but the sciatic nerve disorder is remanded for further examination.

The Board has granted service connection for a lumbar spine disability and bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected cervical spine disability and now service-connected lumbar spine disability, respectively. The decision is based on the opinion that these conditions are aggravated by the service-connected disabilities.

The Veteran's claim for higher ratings for his service-connected lumbar spondylosis with radiculopathy and degenerative joint disease (DJD) is being remanded due to the need for additional evidence.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to his death.

The Veteran's back disability and TDIU claims are remanded due to inadequate examination reports and the need for additional evidence.

The Veteran's claims for higher ratings for his cervical and lumbar spine disabilities, as well as associated radiculopathy of the lower and upper extremities, are remanded due to inadequate examination findings. The claim for TDIU is also remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including new VA examinations.

The Veteran's claims for service connection for various conditions, including right knee disability, arthritis of the right knee, bilateral tinnitus, bilateral hearing loss, back condition, and peripheral neuropathy, have been denied as there is no evidence of in-service injury or disease that caused or aggravated these conditions.

The Board has remanded the issues of entitlement to higher initial ratings for DDD of the lumbar spine, left and right lower extremity radiculopathy, propriety of reduction in disability rating for DDD of the lumbar spine from 20% to 10%, service connection for IBS, and SMC pursuant to 38 U.S.C. § 1114(s).

The Board denied service connection for degenerative disc disease of the lumbar spine, lumbar radiculopathy (right leg pain), and prostate cancer. The evidence did not support a finding that these conditions began during service or were related to service.

The Veteran's lumbar spine disability is rated at 40 percent, effective December 14, 2012. The Board found the evidence to be at least evenly balanced as to whether the symptoms of his lumbar spine disability more nearly approximate flexion limited to 30 degrees or less, and granted a 40 percent rating in favor of the Veteran.

The Board has determined that the VA examinations for the lumbar spine and left leg disabilities are incomplete due to a failure to meet the requirements of Correia v. McDonald, 28 Vet. App. 158 (2016), and thus requires further medical guidance. The Veteran's right leg disability is also being remanded as it is intertwined with his lumbar spine disability.

The Veteran's claims for increased ratings for lumbar spondylosis and bilateral lower extremity radiculopathy are remanded due to inadequate VA examinations, requiring further development including obtaining new VA opinions on the full extent of disability.

The Board has granted service connection for myofascial pain syndrome, muscle atrophy of the right leg, and muscle cramping of the left leg. The claims for somatic dysfunction of the rib cage and deviated septum have been withdrawn.

The Board has granted a separate 20 percent rating for left lower extremity radiculopathy from March 1, 2013 onwards. The Veteran's lumbar spine disability remains rated at 40 percent.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since closing his business in 2011, thus granting TDIU.

The Veteran's appeals for service connection on the merits have been remanded due to the need for additional medical examination and opinion regarding his claimed conditions. The issues include tinnitus, coronary artery disease, hypertension, diabetes mellitus, peripheral neuropathy of the left arm, peripheral neuropathy of bilateral lower extremities, low back pain, hearing loss in both ears, carpal tunnel syndrome and radiculopathy, vision problems, and headaches.

The Board has remanded the Veteran's claims for service connection due to incomplete records from his federal disability retirement and Social Security Administration benefits applications.

The Board has determined that the Veteran's cervical spine disorder and cervical radiculopathy are not service connected, as no VA examiner provided an opinion regarding their relationship to his thoracolumbar spine disability. The case is therefore remanded for further examination.