Radiculopathy & sciatica decisions — 2019

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The claims include his lumbar spine disability, which he contends is related to an in-service injury during basic training, as well as his erectile dysfunction.

The Veteran's service-connected lumbar spine disability, right lower sciatic nerve radiculopathy, and right lower femoral nerve radiculopathy were considered for a temporary total rating under 38 C.F.R. § 4.30 beyond April 1, 2017.,SMC at the housebound rate was denied as she did not meet the criteria of being permanently housebound due to service-connected disabilities.

The Veteran's tinnitus is granted as service connected.,The Veteran's right achilles tendon disability and hypertension are denied initial compensable ratings.,The Veteran's cervical spondylosis with left upper extremity radiculopathy, sciatica, lumbosacral strain, left knee patellar tendonitis (left knee disability), and chronic cough not related to asthma or seasonal allergic rhinitis (chronic cough) are remanded for further review.,The Veteran's service connection claims for cervical spondylosis with left upper extremity radiculopathy, sciatica, lumbosacral strain, left knee patellar tendonitis (left knee disability), and chronic cough not related to asthma or seasonal allergic rhinitis (chronic cough) are remanded.

The Veteran's right tarsal tunnel syndrome, with moderate incomplete paralysis involving the sciatic nerve, is granted a 20 percent disability rating. The Board also found that her service-connected right hip disability warrants further examination and evaluation.

The Veteran's claims for bilateral hearing loss, tinnitus, OSA, lumbar spine strain, migraine headaches, and duodenal ulcer were denied. The claim for increased rating of right lower extremity radiculopathy was remanded. Service connection for chronic fatigue, hypertension, hepatitis C, and an acquired psychiatric disorder (depressive disorder with anxious distress) is also remanded.

The Board has dismissed all the issues related to service connection and rating for various conditions, as well as the request for an effective date prior to March 12, 2012. The appellant requested withdrawal of his appeal.

The Veteran's claim for service connection for a substance abuse disability has been reopened. The issues of entitlement to service connection for psychiatric disabilities, including a substance abuse disability; right foot disability; sleep apnea; bilateral hearing loss; tinnitus; esophageal disorder; hypertension; chronic lumbar strain with degenerative disc disease (DDD); and radiculopathy of the left lower extremity are all remanded due to insufficient evidence.

The Veteran's claims for increased ratings for tendonitis of the left shoulder and IVDS, lumbar spine with bilateral lower extremity radiculopathy are being remanded due to inadequate examination reports. The VA examinations did not include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint.

The Veteran is seeking an effective date prior to March 20, 2015 for the grant of a 20 percent disability rating for his service-connected left lower extremity radiculopathy.,The Veteran also seeks an effective date prior to March 20, 2015 for the grant of service connection for right lower extremity radiculopathy. The AOJ granted service connection during the adjudication of a claim for an increased rating for degenerative disc disease received on March 20, 2015.

The Veteran's service-connected disabilities have been granted, including a 100 percent rating for loss of use of both feet and hands due to tetraplegia (paraplegia), SMC at the 38 U.S.C. § 1114(r)(1) rate, and certificates of eligibility for assistance in acquiring specially adapted housing and necessary special home adaptations.

The Board has remanded the claims for service connection for various conditions due to a need to obtain additional information from Social Security Administration (SSA) records.

Effective dates of August 2, 2010 have been granted for all service-connected conditions and benefits.

The Board has determined that additional development is needed for the claims of increased ratings for lumbar spondylosis and radiculopathy of the right lower extremity, as well as the TDIU claim. The Veteran needs to be provided with VA examinations to assess his current level of disability.

The Veteran's increased ratings for cervical radiculopathy and service connection claims for tinnitus, left knee disorder, and hypertension were denied. The case is REMANDED to obtain additional medical records and conduct examinations for OSA and migraine disorders.

The Veteran's claims for fibromyalgia, anemia, hypoglycemia, and sciatic nerve condition have been denied. The claims for chronic fatigue syndrome, food sensitivities/ allergies, and yeast infections/candidiasis are being remanded due to the need for additional development.

The Veteran's appeals for earlier effective dates have been dismissed as he withdrew his appeal in September 2017.

The Board has remanded the case for further action, including determining if the appellant is a proper substitute claimant and obtaining additional evidence. The TDIU claim will be adjudicated again after these actions.

The Veteran's back condition is rated at 20 percent, which does not meet the criteria for a higher rating due to limited forward flexion.,The Veteran's radiculopathy of the left lower extremity has been rated at 20 percent, with no episodes requiring bedrest in the past year.

The Veteran's claim for service connection for a back disability, sciatica, bilateral carpal tunnel syndrome, and psychiatric disability is granted as new and material evidence has been submitted. The claims are remanded for further development.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) from October 1, 2015 due to lack of evidence showing he was unable to secure or follow substantially gainful employment.