Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities, including panic disorder, lumbar spondylosis-status post spinal fusion, bilateral lower extremity radiculopathy, and other conditions, prevent her from maintaining substantially gainful employment. The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities as likely as not prevent him from obtaining and maintaining substantially gainful employment consistent with his level of education and occupational experience, starting May 31, 2016.

Service connection is granted for a neurological disability, specifically radiculopathy, as secondary to the Veteran's service-connected DDD of the lower back.,Service connection is granted for depression. The evidence is at least in equipoise that it began during active duty service.

The Veteran's claim for service connection for left lumbar radiculopathy is granted. The claim for an increased rating for his lumbar spine disability is remanded.

The Veteran's claim for service connection for coronary artery disease is granted with application of equitable tolling. The rating for degenerative disc disease of the lumbosacral spine is increased to 40 percent, effective from November 19, 2008. The Veteran's claims for higher ratings for radiculopathy of the right and left lower extremities are denied. A TDIU is granted.

The Veteran's claims for service connection and initial ratings are being remanded due to the failure of VA to contact him at his new address in Georgia. The examinations scheduled for June 2018 have not been conducted, and a copy of the Supplemental Statement of the Case (SSOC) was sent to two prior addresses in South Carolina.

The Veteran's tinnitus is found to be causally related to service. The Board has granted service connection for this condition.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations to comply with VA examination requirements.

The Veteran's claim for service connection for a low back disability was reopened and granted, with the Board finding that there is at least as much evidence to support the Veteran’s current DDD of the lumbar spine with associated IVDS and bilateral lower extremity radiculopathy being related to his in-service injury. Service connection was also granted for tinnitus.,The Veteran's claim for service connection for bilateral hearing loss was remanded.

The Veteran's service connection claims for right and left lumbar radiculopathy are granted. The Veteran's service connection claim for higher ratings for bilateral lower extremity diabetic neuropathy is remanded.

The Board has remanded the Veteran's claims for service connection due to missing documents and a need to rebuild his claims file. The issues include lumbar, thoracic, cervical, right knee, erectile dysfunction, headaches (claimed as cephalgia), left hand disability, right hand disability, paresthesia of upper extremities, sciatic pain in lower extremities, and an acquired psychiatric disability.

The Veteran's RLE radiculopathy is now rated at 20 percent effective from February 15, 2018. Other conditions remain unchanged.

The claim of service connection for a right shoulder disability has been reopened due to the submission of new and material evidence. The case is remanded for further examination and rating considerations.

The Veteran's TBI claim is granted, and he is awarded a 20% rating for his low back disability. Separate ratings of 10% are assigned for radiculopathy in both lower extremities.

The Veteran's disability rating for degenerative disc and joint disease of lumbar spine with strain was reduced from 40 percent to 10 percent, effective November 1, 2014. The reduction is upheld as the evidence shows actual improvement in his condition.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal. The claims for increase and service connection remain in appellate status.

The Veteran's claim for service connection for major depressive disorder has been reopened, and he is now entitled to a 40% rating for his lumbosacral spine degenerative disc disease. The separate 20% rating for right sciatic nerve radiculopathy is also granted.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, and the Board grants his TDIU claim.

The Board has decided to remand the Veteran's claims for service connection for various knee, lumbar spine, groin pain, and foot disorders due to incomplete records and the need for further medical examinations.

The Board has remanded the Veteran's appeal for development consistent with a recent Court holding, specifically addressing the severity and manifestations of her service-connected low back disability and right lower extremity radiculopathy during periods of flare-ups. The case is now pending again with the Board.