Radiculopathy & sciatica decisions — 2019

The Board denied the Veteran's claim for service connection for a low back disability and associated neurological findings, finding that there was no credible evidence of an in-service injury or disease. The Board also found that the Veteran did not meet the criteria for presumptive service connection due to arthritis.

The Board has remanded three issues related to the Veteran's cervical and lumbar spine disabilities, as well as his sciatica. The claims are being referred back for further development.

The Veteran's initial compensable rating for service-connected hearing loss prior to September 24, 2018 and a rating in excess of 40 percent thereafter is denied. The Veteran's radiculopathy of the left lower extremity is rated at 10 percent.

The Veteran's appeal for an increased rating in excess of 20 percent for right shoulder tendonitis and impingement syndrome was dismissed. A TDIU rating is granted, but the issues regarding lumbosacral and thoracic strain and right lower extremity radiculopathy are remanded.

Service connection for a right shoulder condition is dismissed.,Service connection for left lower extremity radiculopathy, claimed as left hip pain, secondary to service-connected back disability, is granted.

The Veteran's service-connected disabilities, including low back disability, radiculopathy of the lower extremities, tinnitus, and bilateral hearing loss, preclude substantially gainful employment.

The Veteran's cervical spine disorder is granted a 20 percent rating, effective from the date of his claim. The other issues remain denied.

The Veteran's right hip, left hip, tinnitus, and left lower extremity radiculopathy associated with service-connected thoracolumbar spine disability are all granted.

The Board has remanded the Veteran's claims for an increased rating for a low back disability and TDIU due to service-connected low back disability, as additional development is necessary.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining medical records from private providers and VA facilities. The TDIU claim is also being remanded as it pertains to a period of time still at issue.

The Veteran's appeal seeking earlier effective dates for the awards of service connection for degenerative joint disease of the lumbar spine with intervertebral disc syndrome, right lower extremity radiculopathy, erectile dysfunction, and SMC based on loss of use of a creative organ has been dismissed.,The Veteran's appeal seeking an initial compensable rating for erectile dysfunction has been dismissed.,The Veteran's appeal seeking an initial rating in excess of 30 percent for irritable bowel syndrome with pancreatitis has been dismissed.,The Veteran’s appeal seeking service connection for left lower extremity radiculopathy is remanded.,The Veteran’s appeals seeking increased ratings for right lower extremity radiculopathy and a back disability are remanded.

The Veteran's left ankle disorder is granted service connection.,The non-congenital lumbar spine disorders, including chronic lumbar sprain, degenerative disc disease, and lumbar spinal stenosis, are granted service connection. The radiculopathy of the bilateral lower extremities is also granted service connection.,Bertolli’s syndrome (a congenital lumbar spine disorder) is not addressed as it requires further clarification regarding whether it is a defect or a disease.

The Board dismissed all appeals as they are related to a deceased Veteran.

The Board has found that additional development is needed for the Veteran's claims, including new VA examinations and obtaining more recent VA treatment records. The claims are being remanded to allow for this.

The Veteran's initial claim for a higher rating of PTSD was granted, and she is now receiving a 70% disability rating. The Board also found that the Veteran meets the criteria for TDIU based on her service-connected disabilities.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability and service connection for bilateral lower extremity radiculopathy as secondary to his lumbar spine disability. The case is being returned to the RO for further adjudication.

The claim for a higher rating for cervical spine degenerative disc disease with spinal stenosis and strain prior to March 5, 2018, and starting from June 1, 2018 is denied. The claim of entitlement to a higher rating for left upper extremity radiculopathy associated with cervical spine degenerative disc disease is remanded.

The Veteran's lumbar spine disability is rated at 20 percent, but the Board found no evidence of forward flexion limited to 30 degrees or less, which would warrant a higher rating. The claim for an increased rating was denied.

The Veteran's bilateral hearing loss and tinnitus are granted service connection. Service connection for a lumbar spine disability, left lower extremity disability, radiculopathy of the right lower extremity, neurogenic erectile dysfunction, and right knee disability is denied.

The Veteran's claim for an earlier effective date for the award of a separate 10 percent rating for right lower extremity radiculopathy is granted, as it stems from his original claim for increased rating in July 1995. The effective date is set at July 28, 1995.