Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities necessitate the use of a low back brace, but VA determined that the damage to his shirts is not due to wear and tear caused by the brace. The decision was based on clinical evidence and guidance from VHA Handbook 1173.15.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in the record regarding his claimed cervical spine disability, bilateral radiculopathy, and headaches. The VA is instructed to schedule the Veteran for a VA examination to evaluate these claims.

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

The Veteran's low back disability and radiculopathy are rated at 40 percent from May 1, 2015 to November 30, 2015, and from January 1, 2016 forward. The issues of increased ratings for lower extremity radiculopathy and TDIU remain pending.

The Veteran withdrew his appeals for all service connection claims, including PTSD, chronic pain disorder, bilateral hearing loss, hypertension, residuals of traumatic brain injury (also claimed as head injury), neuropathy of right upper extremity, and sciatica of left lower extremity.

The Veteran's appeal for increased ratings for lumbosacral strain with lumbar spondylosis and radiculopathy was dismissed as he withdrew his appeal in February 2019.

The Veteran's claims for service connection are remanded due to the need for further examination and evaluation. The issues of special monthly compensation based on the need for aid and attendance, and total disability rating based on individual unemployability (TDIU) are also remanded as they may be impacted by the outcome of the left knee condition claim.

The Veteran's appeals for earlier effective dates for service connection and ratings were dismissed.,Service connection was granted for a lumbar spine disability and associated radiculopathy of the lower extremities.

The Veteran's claim for an increased rating for bilateral hearing loss was denied, and his claim for TDIU prior to March 13, 2017 was granted.

The Veteran's bilateral hearing loss and tinnitus are granted service connection. The issues of service connection for loss of teeth, sleep apnea, low back injury, right lower extremity radiculopathy, and left lower extremity radiculopathy (all secondary to a low back injury) are also granted.

The Veteran's service-connected disabilities include a cervical spine disability, bilateral hearing loss, low back disability, and other conditions. The Board has granted entitlement to TDIU since September 27, 2011.,Prior to September 27, 2011, the Veteran’s service-connected disabilities did not meet the threshold requirements for a schedular TDIU. However, the evidence suggests that his service-connected disabilities may impact his employability and should be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's back disability and associated neurological disorders have been granted a total disability rating based on individual unemployability due to service-connected disabilities as of September 9, 2010.

The Board has remanded the case due to insufficient evidence regarding the Veteran's cervical spine disability, including whether it is related to service or secondary to his service-connected conditions.

The Board has remanded several issues for further development and consideration, including service connection claims for GERD, low back condition, right hip condition, bilateral foot condition, and lower extremity radiculopathy. The effective date of the grants of service connection is also being considered.

The Veteran's lumbar spine disorder is rated at 40 percent, and he was granted separate ratings for LLE and RLE radiculopathy prior to May 8, 2017. The Board also found that the Veteran's service-connected disabilities precluded substantial gainful employment, leading to a grant of TDIU.

The Veteran's claims are being remanded due to the lack of VA treatment records from Central Arkansas VAMC. The Board requests that these records be obtained and reviewed.

The Veteran's service-connected disabilities did not render him incapable of securing or following a substantially gainful occupation prior to October 5, 2012.

The Veteran's left hip disability is denied service connection. Service-connected degenerative arthritis of the lumbar spine results in a 20% evaluation prior to August 9, 2016 and a 40% evaluation from that date forward. The Veteran's radiculopathy of both lower extremities associated with his lumbar spine disability is also granted at 20%. A TDIU for the period from September 1, 2007 to September 18, 2017 is granted.

The Board dismissed the appeals for increased ratings and entitlement to a total disability rating due to individual unemployability, as the appellant died during the pendency of the appeal.

The Board dismissed all issues of appeal due to the appellant's withdrawal prior to a decision being made.