Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected sacroiliac joint dysfunction, left knee osteoarthritis, and left lower extremity radiculopathy have all been rated at the minimum 10 percent level.,No higher ratings are warranted for any of these conditions.

The Board denied initial increased disability ratings for the Veteran's low back disability and lumbar radiculopathy of both lower extremities, finding that the evidence did not support higher schedular ratings based on the severity of his conditions.

The Veteran's DDD of the lumbar spine and lumbosacral radiculopathy disabilities are rated at 40 percent for the period prior to October 8, 2014, and 20 percent thereafter. The TDIU claim is denied.

The Board has decided to remand the case due to incomplete medical records and the need for a VA examination to determine the nature and etiology of the Veteran's lower back disability.

The Board has remanded the Veteran's claims of service connection for hypertensive vascular disease, dermatitis, skin cancer, and sciatic nerve condition due to scheduling issues.

The Board has dismissed the appeals for initial ratings in excess of 10 percent for radiculopathy of both lower extremities and for entitlement to TDIU prior to April 8, 2010 as the appellant's attorney withdrew these appeals.

The Veteran's claims for service connection for cervical spine disability, headache disorder, left ulnar neuropathy, sinusitis, hemorrhoids and tinea pedis have been reopened. Service connection has been granted for tinea pedis.

The reduction of the rating for right lower extremity radiculopathy from 20 percent to 10 percent was improper, and a restoration of a 20 percent rating is granted. The Board also found that service connection for bilateral hip disabilities should be remanded due to insufficient medical opinion regarding their etiology.

The Veteran's claims for PTSD, left leg radiculopathy, tinnitus, right knee scar, sleep apnea, headaches, bilateral hearing loss, chronic right and left leg disabilities to include blood clots, hypertension, diabetes mellitus, a left knee disorder, and right and left foot diabetic neuropathy have been denied. The Veteran's claim for an initial 70% rating for PTSD has been granted.

The Veteran's claims for increased ratings for his cervical spine disability and right upper extremity radiculopathy are being remanded due to the need for additional examinations.

The Veteran's service-connected thoracolumbar spine intervertebral disc syndrome (IVDS) is being remanded for further examination and rating consideration due to incomplete evaluations of his neurologic manifestations.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining gainful employment prior to April 8, 2014.

The Board has determined that the Veteran's claims for increased evaluations and TDIU are inextricably intertwined, necessitating remand of these issues. The Veteran will be provided with a VA Form 21-8940 to apply for TDIU.

The Veteran's claims for right upper extremity thrombosis, PFB, bilateral hearing loss, sinus condition (including sinusitis, allergic rhinitis, and sore throat), cervical spine disability with associated left upper extremity radiculopathy, lumbar spine disability with associated right lower extremity radiculopathy, bilateral arm and hand disability, and residuals of an oral surgery are all denied as there is no current evidence of these conditions.

The Veteran's service-connected conditions have been granted effective July 18, 2013.

The Board has determined that the Veteran's claimed conditions, including lumbar spine disorder, left-leg residuals of broken leg, right-knee disorder, right-ankle disorder, left-ankle disorder, obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), hiatal hernia disorder, right-lower-extremity radiculopathy, and acquired psychiatric disorder (PTSD and depression) are not service-connected.

The Veteran's PTSD rating was restored to 30% effective October 1, 2017. The claim for TDIU due to service-connected PTSD is granted.

The Board has remanded the case for further development and an examination to determine if the Veteran's sciatica is related to his service-connected lumbar spine degenerative arthritis.

The Veteran's lumbar spine disability is currently rated at 20 percent since April 24, 2017.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent since April 24, 2017.

The Veteran's claims for increased ratings for degenerative disc disease and bilateral lower extremity radiculopathy are being remanded due to the need for additional medical examinations.