Radiculopathy & sciatica decisions — 2019

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and left lower extremity radiculopathy are being remanded due to his failure to report for scheduled VA examinations. The cases will be rescheduled for further evaluation.

The Veteran's claims for increased ratings for his lumbosacral strain, intervertebral disc syndrome with degenerative arthritis of the spine and left lower extremity radiculopathy are being remanded due to outstanding VA and private treatment records that need to be obtained.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including headaches, surgical scars of the low back, right lower extremity radiculopathy, degenerative disc and joint disease of the low back, left lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), and PTSD. The remand includes obtaining updated VA treatment records, conducting new examinations to determine the nature and cause of the Veteran's disabilities, and providing a new rating for his service-connected PTSD.

The Veteran's appeal for increased ratings for lumbar DDD has been dismissed as she withdrew her claim prior to the promulgation of a decision.

The Veteran's radiculopathy of the left lower extremity is characterized by moderate, incomplete paralysis and has been granted an initial rating of 20 percent.

The Board denied the Veteran's claim for a higher rating on an extraschedular basis, finding that the schedular ratings adequately reflect his symptoms and disability.

The Veteran's claims for increased ratings and a total rating based on individual unemployability were denied. The Veteran was already receiving the highest possible evaluation for his thoracolumbar degenerative joint disease, and there is no indication of ankylosis or incapacitating episodes that would warrant higher ratings.

The Veteran's claims for a higher rating for right ankle disability, service connection for low back disability, and service connection for bilateral lower radiculopathy are being remanded due to the need for additional examinations.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, while his left lower extremity radiculopathy remains at 10 percent.

The Board has remanded the Veteran's claims for additional development due to insufficient evidence regarding his cervical spine disability and diabetes mellitus.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation Service for consideration under 38 C.F.R. § 4.16(b).

The Veteran's service-connected disabilities, including lower back pain and bilateral foot conditions, have rendered him unemployable from August 12, 2016 to May 1, 2017. The Board granted a TDIU rating during this period.

The Veteran's death was due to myocardial infarction, which the VA opinion found less likely than not caused by his service-connected back disability. The claim is remanded for a new VA opinion and to obtain outstanding VA treatment records.

The Board has remanded the claim for a retrospective opinion regarding the impact of the Veteran's service-connected disabilities prior to May 24, 2013. The claim is also remanded due to outstanding VA Vocational Rehabilitation records that have not been considered.

The appeals for service connection for back disability, bilateral lower extremity peripheral neuropathy, and bilateral lower extremity radiculopathy are dismissed. The appeals for service connection for left upper extremity peripheral neuropathy and right upper extremity peripheral neuropathy are remanded.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.

Your claims for service connection have been granted, but the issues are now moot as your conditions were already resolved in a previous rating decision.

The Board has decided to remand the case due to conflicting reports regarding the Veteran's ability to perform activities of daily living without assistance. The Veteran needs a VA examination to determine if he requires aid and attendance as a result of his service-connected disabilities.

The Veteran's treatment at University Medical Center on February 19, 2015 was for an emergency condition that required immediate medical attention. The VA facility was not available and the Veteran is financially liable for the costs.

The Board has decided to remand the cases for further examination and opinion regarding service connection for a neck disability, as well as higher initial ratings for right and left lower extremity radiculopathy. The claims are being returned due to inadequate previous examinations.