Radiculopathy & sciatica decisions — 2019

The Board denied an earlier effective date for a total disability rating based on individual unemployability due to service-connected conditions, finding that the Veteran's disabilities did not render him unable to secure or follow substantially gainful employment prior to September 7, 2016.

The Board has remanded the claims for a new VA examination to evaluate the Veteran's lumbar spine disability and associated left lower extremity radiculopathy, due to concerns about the accuracy of the address provided in the previous examination request.

The Veteran's lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted initial ratings of 20 percent each effective March 24, 2016.,The Veteran's limitation of extension of the right hip has been granted an initial rating of 10 percent effective January 27, 2017.

The Veteran's claims for increased ratings and effective dates have been dismissed due to withdrawal of the claims by the Veteran. The Board also remanded the case for a new examination regarding the severity of his service-connected conditions.

The Board has granted service connection for bilateral hearing loss. The Veteran's claims of service connection for degenerative disc disease of the lumbar spine, bilateral radiculopathy of the lower extremities, and depression are REMANDED due to the need for additional medical examinations.

The Veteran's initial disability rating for bilateral hearing loss has been granted at a 10% level effective June 3, 2015. The Board has also remanded the issues of service connection for right shoulder, low back, left foot, headache, and sciatic nerve disabilities due to incomplete records and need for additional medical opinions.

The Board has determined that a VA examination is needed to assess the Veteran's need for aid and attendance due to his service-connected disabilities, as no such opinion has been provided in the record.

The Veteran's claim for higher ratings for his cervical spine disability, thoracolumbar spine disability, hiatal hernia with GERD, and depression is denied. The case is remanded for further evaluation of the service connection for cervical radiculopathy.

The Board has remanded the issues of service connection for residuals of injury to right great and second toes, cervical spine degenerative arthritis, right upper extremity radiculopathy, and tinnitus due to lack of evidence showing an earlier effective date.

The Board has remanded the claims due to new evidence received since the last Supplemental Statement of the Case.

The Board has determined that the Veteran's back, sciatica in right lower extremity, and right knee disabilities are related to his service-connected left knee disability. The claims for these conditions are being remanded for further examination.

The Veteran's bilateral hearing loss is granted service connection. The right ankle disability, excluding surgical periods, is denied an increased rating to more than 20 percent. The left lower extremity radiculitis (femoral) is granted a 20 percent initial rating. Other issues are remanded.

The Veteran's claims for higher ratings for thoracolumbar scoliosis and left lower extremity radiculopathy associated with the scoliosis are being remanded due to the need for additional development, including updated VA treatment records and examinations.

The Board has granted service connection for degenerative arthritis of the spine with sciatica, right hip condition, and left knee condition. The evidence is at least in equipoise regarding whether these conditions were caused by service.

The Veteran's claim for an earlier effective date for right proximal fibula or Maisonneuve fracture residuals was denied as there is no legal basis to allow for an earlier effective date.,The Veteran's claim for an earlier effective date for right lower extremity radiculopathy was denied because the condition did not exist prior to June 3, 2015.

The Veteran's left lower extremity radiculopathy involving the sciatic nerve is characterized by moderately severe incomplete paralysis of the sciatic nerve, and a rating of 40 percent has been granted.

The Board has granted earlier effective dates of September 5, 2013 for the grant of service connection for left and right lower extremity radiculopathy and an award of 10 percent for service-connected cervical spine, cervical spondylosis DJD with IVDS with scar.

Service connection is denied for hypertension, right foot pain, and left foot pain. The Veteran's claim of service connection for obstructive sleep apnea remains pending. The propriety of the severance of service connection for left lower extremity radiculopathy must be remanded.,Obstructive sleep apnea is at least as likely as not related to or aggravated by the Veteran’s service-connected psychological disorder.

The Board has granted service connection for a cervical spine disability secondary to the Veteran's service-connected right knee disability. The issue of service connection for radiculopathy of the right upper extremity is remanded as there is insufficient evidence regarding whether the Veteran currently has this condition or if it is related to his cervical spine disability. The TDIU and increased rating claims are also remanded.