Radiculopathy & sciatica decisions — 2018

The Veteran's claim for a rating in excess of 10 percent for her low back disability is denied. The Board found that the objective medical findings did not support a higher rating, despite the Veteran's reported symptoms and functional limitations. Her claim for TDIU was granted as she met the schedular requirements and had service-connected disabilities rated at least 60% combined.

The Board has remanded the Veteran's claims due to inadequate examinations and missing medical records. The issues include rating for lumbosacral strain, service connection for radiculopathy in both lower extremities, dermatitis or eczema, and hypertension.

The Board denied service connection for residuals of herniated nucleus pulposus and laminectomy at L5 through S1 vertebrae, but reopened the claim due to new evidence. The reopening was upheld as the new evidence related to an unestablished fact necessary to substantiate the claim (service connection). Service connection was then denied again because there is no evidence that the condition had its onset during service or is otherwise causally related to service or a service-connected disability.

The Board denied the Veteran's request for an earlier effective date for his service-connected conditions, finding that he did not submit a claim within one year of his separation from service.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation since July 27, 2010. The Board granted TDIU for this period.

The Veteran's service-connected orthopedic and neurological disabilities are found to aggravate his psychiatric disability, specifically depressive disorder. Service connection for radiculopathy of the left upper extremity is denied as there is no evidence of such condition during the appeal period.

The Veteran's bilateral hearing loss is currently rated at 10 percent, but the evidence does not support a higher evaluation.,The Board found that the Veteran’s service-connected disabilities have rendered him unemployable due to his severe high-frequency hearing loss and associated functional impairments.

The Board has granted service connection for lumbar degenerative disc disease with radiculopathy and bilateral pes planus with arthritis, finding that these conditions are at least as likely as not related to the Veteran's military service.

The Veteran's sciatica, including left foot drop, is rated at 60 percent. The Board found that the disability resulted in severe incomplete paralysis of the sciatic nerve.

The Veteran's claim for a higher rating for sinusitis is denied as the evidence does not show more than six non-incapacitating episodes of sinusitis per year.,VA has remanded the issues of service connection for back disability, sciatica of the left and right lower extremities, and PTSD. The Veteran will need to provide additional medical records and a supplemental opinion regarding these claims.

The Veteran's service connection claim for a heart condition is denied. The February 1979 rating decision reducing the back disability rating from 40% to 20% is not subject to revision on the basis of clear and unmistakable error. TDIU is granted effective October 31, 2012.

The Veteran seeks service connection for sciatica and intervertebral disc syndrome of the lumbar spine, both claimed as secondary to his service-connected flat foot. The Board finds that additional development is needed due to inadequate previous opinions.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 10 percent. The appeal for a higher rating remains pending.

The Veteran's service-connected disabilities have not prevented him from securing and maintaining substantially gainful employment.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and left lower extremity radiculopathy are being remanded due to the need for additional examinations.

The Board has denied a compensable rating for allergic rhinitis and remanded the issues of increased ratings for major depressive disorder, cervical spine degenerative disc disease, left upper extremity radiculopathy, and right upper extremity radiculopathy. The Veteran's claims are being returned to the RO for further development.

This decision is remanded for additional development to obtain updated VA and private treatment records, including from a medical facility in Sedalia, Missouri. The Veteran should also be provided an opportunity to submit lay statements regarding her service-connected conditions and their impact on her ability to work.,The Veteran's kidney stones claim will require a new VA examination to determine if she had any such condition during service or is otherwise related to service. Her sinusitis and right hip disability claims will need a new VA examination, including the May 2012 private treatment record, to assess whether they began in service or are related to service.,The Veteran's GERD claim requires a new VA examination to determine its current severity. The cervical spine disability claim needs a new VA examination to evaluate her radiculopathy of the upper extremities and to assess any associated objective neurologic abnormalities under an appropriate diagnostic code. Her right elbow disabilities will need a new VA examination to determine their current severity.

The Veteran's claim for an extension beyond August 31, 2015 for a temporary total rating due to right shoulder rotator cuff tendonitis disability following surgery was denied. The Veteran also met the criteria for TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected lumbar spine disability and left knee disorder, as well as any associated neurological disorders. He will also be scheduled for a VA examination to assess the etiology of his left knee disorder.

The Veteran's benign cyclic leukopenia, left knee disability, lumbar spine disability (including sciatic condition), and acquired psychiatric condition (to include PTSD) are all found to be related to service. The Veteran is granted service connection for these conditions.