Radiculopathy & sciatica decisions — 2019

The Veteran's claims for increased ratings and service connection were denied due to lack of evidence showing the disabilities manifested within a year prior to the June 20, 2012 claim.,All VA medical records dated prior to June 20, 2012 and since March 2017 should be added to the claims file.

The Veteran's service-connected disabilities, including right knee arthritis and multiple foot and hip conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's right ankle disability and related scars are remanded for further examination.,The Veteran's hypothyroidism is remanded for an appropriate VA examination to assess the current severity of her condition.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus the Board has granted his claim for TDIU.

Service connection for an acquired psychiatric disorder, characterized as other specified trauma and stressor related disorder is granted. An effective date of April 25, 2008 for the award of a separate evaluation for right lower extremity radiculopathy is granted.

The Veteran's claims for increased evaluations of his cervical spine disorder and right upper extremity radiculopathy prior to June 3, 2014 were denied.,Since June 3, 2014, the Veteran's claims for increased evaluations of his cervical spine disorder and right upper extremity radiculopathy were also denied.

The Veteran's claims for service connection have been reopened and are granted. The new evidence received since the last final denial supports a finding of service connection for right knee, left knee, radiculopathy of the lower left extremity, and allergic rhinitis.

The Veteran's appeal for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative changes was dismissed due to withdrawal. The appeal for TDIU was also dismissed as the Veteran does not meet the schedular criteria and there is no evidence of unemployability based on service-connected disabilities alone.

The Veteran's service-connected lumbosacral spine disability, left and right lower extremity radiculopathy of the sciatic nerve are being remanded for further evaluation due to increased symptoms since his last VA examination in September 2014.

The Veteran's lumbar spine disability and associated radiculopathies are not rated higher than 10 percent prior to September 11, 2017. The rating for PTSD with depressive disorder was increased to 100% effective September 11, 2017.

The Veteran's appeal is remanded for additional examinations and opinions to address the severity of his sleep apnea, knee disabilities, lumbar spine disability, and left elbow disability. The maximum schedular rating for bilateral metatarsalgia has been granted.

The Board has remanded the claims for service connection due to new and material evidence being required. The issues include right hand disorder, back disorder, right ankle disorder, bilateral hammer toes, abdominal pain, OSA, joint pain, fatigue, diabetes mellitus, type 2, and carpal tunnel syndrome.

The Veteran's claims for increased ratings have been remanded due to the need for additional examinations.,The Veteran is currently receiving maximum schedular evaluations for his ankle and hip disabilities, but further examination may reveal additional functional loss or other factors that could warrant higher ratings.

The Veteran's left shoulder and cervical spine disabilities are to be re-evaluated as the initial rating decisions were not clear on this point.

The Board has remanded the claims for service connection due to insufficient evidence regarding the relationship between the Veteran's disabilities and their service-connected right foot disability.

The Veteran's service-connected disabilities precluded him from securing or following a substantially gainful occupation prior to December 7, 2011.

The Veteran's claim for an initial compensable rating for erectile dysfunction was denied. The claims for increased ratings for lumbar spondylosis and right lower extremity sciatica, as well as the TDIU claim, are being remanded for further development.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during a non-VA hospitalization at Gulf Coast Medical Center on September 1, 2015. The private hospitalization was not considered an emergency by a prudent layperson and VA facilities were feasibly available.

The Board denied the Veteran's claims for increased ratings for spinal fusion and spondylosis of thoracolumbar spine with stable T12 compression fracture, radiculopathy of right lower extremity, and radiculopathy of left lower extremity. The current 10% ratings are deemed sufficient.

The Veteran's lower back disability is rated at 40 percent effective April 3, 2018. The rating for bilateral lower radiculopathy remains at 10 percent.