Radiculopathy & sciatica decisions — 2019

The Veteran's cervical spine disability is rated at 40 percent, and the issues regarding left upper extremity radiculopathy associated with the cervical spine disability, lumbar spine disability, and left L5 radiculopathy are denied.

The Veteran's lumbar spine disability is rated at 20 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent from March 1, 2012.

The Board has decided to remand the Veteran's claims for service connection for bilateral sciatica and allergic rhinitis due to insufficient evidence. The Veteran needs to be provided with VA examinations to address these issues.

The Board has remanded the Veteran's claims for increased ratings for his service-connected thoracolumbar strain and radiculopathy of the lower extremities due to incomplete examination records, lack of attempts to obtain private treatment records, and failure to address separate disability ratings prior to August 1, 2016.

The Board has remanded the Veteran's claims due to procedural issues and the need for additional examinations.

The Veteran's petition to reopen his claim for service connection of a right shoulder condition was granted. His initial rating for radiculopathy, right lower extremity, was increased from 10% to 20%. The earlier effective dates for the grants of service connection for left lower extremity radiculopathy and mood disorder due to chronic pain with depressive features were granted. However, the earlier effective date for DDD thoracolumbar spine was denied.

The Veteran's back disability and associated left lower extremity radiculopathy are being remanded for further evaluation due to inadequate examination in the previous rating decision.

The Board has granted service connection for DDD of the lumbar spine, bilateral radiculopathy of the lower extremities, and depression as secondary to service-connected disabilities. The appellant's OSA was also found to be secondary to his service-connected jaw disability.,A rating greater than 30 percent prior to May 3, 2017, and in excess of 40 percent thereafter for residuals of surgery for maloccluded jaws is denied.

The Board denied service connection for right lower extremity radiculopathy as there is no evidence of the condition during the appeal period.

The Veteran seeks effective dates earlier than September 6, 2013 for the grant of service connection for a back disability and radiculopathy of the left lower extremity. The Board denied these claims as there was no CUE in the May 1990 rating decision and the evidence did not support reopening the claims prior to September 6, 2013.,The Veteran also sought an effective date earlier than September 6, 2013 for service connection of radiculopathy of the left lower extremity. The Board denied this claim as there was no CUE in the May 1990 rating decision and the evidence did not support reopening the claims prior to September 6, 2013.

The Veteran's service-connected degenerative joint disease of the lumbar spine is granted a 60% evaluation, and he is granted individual unemployability (TDIU). The rating for tinnitus remains at 10%. No new evidence was received to reopen other claims.

The Board has decided that a new VA examination is needed to determine if the Veteran's current bilateral lower extremity radiculopathy disability is related to his active duty service.

The Board has granted the Veteran's application to reopen his previously denied claim of entitlement to service connection for a bilateral foot disability. The appeal as to all other issues is dismissed.

The Veteran's service-connected disabilities, including bilateral L5 spondylosis with Grade I anterolisthesis of L5 and S1, right lower extremity radiculopathy, and left lower extremity radiculopathy, were sufficiently incapacitating as to prevent him from obtaining or maintaining substantially gainful employment effective March 29, 2017.

The Board has dismissed all issues on appeal due to the appellant's withdrawal of the appeals.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding the etiology of his cervical spine disability, bilateral upper extremity radiculopathy, and headaches. The issues are inextricably intertwined with the claim for service connection for cervical osteoarthritis with stenosis.

The Veteran's claim for service connection for nerve damage (bilateral lower extremities) is remanded due to the need for additional examinations and the potential need for private treatment records.

The Veteran's increased rating claims for right elbow and left shoulder conditions, as well as his service connection claims for cervical spine, low back, and right lower extremity radiculopathy/peroneal neuropathy are all remanded due to insufficient examination reports.

The Veteran's left lower extremity radiculopathy was denied a compensable evaluation from October 8, 2013 to September 19, 2016. A 10 percent evaluation is granted for the period from September 20, 2016 through April 2, 2018.

The Board has decided to remand the case due to the need for a VA examination and additional medical records, as well as to address the etiology of the Veteran's claimed lower back conditions.