Radiculopathy & sciatica decisions — 2019

The Board has remanded the Veteran's claim for further development due to a failure to report for scheduled VA examinations. The matter is now pending and will be reconsidered after the requested examination is completed.

The Veteran's claim for a higher initial evaluation for bilateral tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,Service connection for cervical spine disability, lumbar spine disability, right upper extremity (RUE) disability, left lower extremity (LLE) radiculopathy, and right lower extremity (RLE) radiculopathy are remanded due to conflicting medical opinions regarding their etiology.,The Veteran's claim for a TDIU is also remanded as it may be affected by the outcome of his service connection claims.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's back condition is related to his active service, including a fall in January 1963.

The Veteran's claim for service connection for a bilateral knee disability has been reopened. The claims for increased ratings of the lumbar spine, left and right lower extremity radiculopathy, and depressive disorder have all been granted.

The Board denied the Veteran's claims for service connection for right lower extremity radiculopathy and an initial rating in excess of 10 percent for adjustment disorder. The claim for a higher rating for lumbar spine disability was granted with a 40 percent rating, but no higher.

The Veteran's claims for a higher rating for cervical spine degeneration and TDIU are remanded due to the need for additional medical examination and development.

The Veteran's service-connected lumbar strain with IVDS and DDD, sciatica of the left lower extremity, and sciatica of the right lower extremity ratings have been restored to their previous levels.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's diagnosed cervical and lumbar spine disabilities, as the previous VA examinations were inadequate in addressing all documented complaints of spine symptomatology during service.

The Board denied the Veteran's claims for service connection for a low back disability and entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities. The Board found that there was no evidence linking the Veteran's current low back disability to his military service.

The Veteran's service connection claims for various disabilities, including residuals of a broken left fifth finger, low back disability, bilateral hip disabilities, radiculopathy of the lower extremities, and psychiatric disability are all granted. The effective date is not specified.

The Veteran's claims for service connection for left lower extremity radiculopathy, right lower extremity radiculopathy, and ankylosing spondylitis have been dismissed.,The Veteran's previously denied claims of service connection for cervical spine disability (to include as secondary to service-connected ankylosing spondylitis), left upper extremity radiculopathy (to include as secondary to service-connected ankylosing spondylitis), and right upper extremity radiculopathy (to include as secondary to service-connected ankylosing spondylitis) have been reopened.,The Veteran's claim of service connection for multiple myeloma has been remanded.

The Veteran's service-connected disabilities made it impossible for him to secure or maintain substantially gainful employment as of February 4, 2004.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include bipolar disorder, lumbar degenerative disc disease with intervertebral disc disease, and radiculopathy. The Board has granted entitlement to SMC based on the need for regular aid and attendance.

The Veteran's sleep apnea is granted as secondary to service-connected PTSD. The rating for PTSD remains at 70 percent, and the ratings for TBI, tension headaches, left lower extremity sciatic radiculopathy, and right lower extremity sciatic radiculopathy are all denied.

The Veteran's claims for service connection for radiculopathy of the right lower extremity and left lower extremity have been dismissed as they were withdrawn at his January 2019 hearing.,The Veteran's claim for service connection for multi-directional instability, right shoulder has been remanded due to new evidence submitted since the February 2010 rating decision.

The Veteran's right shoulder tendonitis and impingement syndrome are rated at 30 percent. The Veteran’s degenerative disc disease of the thoracolumbar spine with degenerative arthritis is rated at 20 percent prior to August 24, 2017 and 40 percent thereafter. The Veteran's radiculopathy of the sciatic nerve in both legs are each rated at 20 percent. Migraines are rated at 50 percent on an extraschedular basis. TDIU is dismissed.

The Veteran's service-connected disabilities (including PTSD, CAD, and peripheral neuropathy) made it impossible for him to secure or follow a substantially gainful occupation prior to September 30, 2016.

The Veteran's son, K.R., was found to be permanently incapable of self-support prior to his 18th birthday due to various disabilities and is recognized as a helpless child for VA benefits.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need to consider both old and new rating criteria for spine disabilities, as well as obtain additional medical evidence.

The Veteran's claim for a higher rating and effective date for his back disability was denied.,The Veteran's claims for left upper extremity radiculopathy and right lower extremity radiculopathy were granted with an effective date of September 7, 2012.