Radiculopathy & sciatica decisions — 2019

The Veteran's right elbow disability is currently rated at 10 percent, and the Board finds no basis for a higher rating.,Prior to September 27, 2018, the Veteran's back disability was rated at 10 percent. The Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim for a rating in excess of 20 percent for her post-operative disc with lumbosacral strain and associated bilateral lower extremity radiculopathy was denied as the evidence did not support an exceptional disability picture that rendered the schedular criteria inadequate.

The Board has remanded two issues: service connection for a back condition, claimed as intervertebral disc syndrome, and service connection for epicondylitis of the right elbow. The Veteran's military service history is provided, along with his reported symptoms and medical records.

The Board has remanded the Veteran's claims for service connection and increased rating due to additional evidence that needs to be considered.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as the evidence did not show he was unable to secure or follow substantially gainful employment solely due to his service-connected conditions.

Service connection for bilateral hearing loss is granted. Service connection for Peyronie’s disease, diabetes mellitus type II, and peripheral neuropathy of the extremities are remanded.

The Veteran's bilateral lower extremity radiculopathy is granted as secondary to his service-connected lumbar spine disability. A rating of 40 percent for degenerative disc disease of the lumbar spine since March 9, 2017 is granted.

The Board has determined that the claims for service connection are remanded due to insufficient evidence regarding the Veteran's claimed stressors and medical records. The Veteran is also not entitled to a rating or effective date at this time.

The Veteran's appeal for withholding of VA disability compensation benefits due to military drill pay was denied as the evidence did not support his claim that he had fewer than 83 days of INACDUTRA in FY 2011 and FY 2012.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including obtaining outstanding VA and private treatment records. The case will also be referred to the Director of Compensation Services for an initial adjudication on whether an extraschedular TDIU should be granted prior to January 28, 2015.

The Veteran's nephrolithiasis disability was granted a 30 percent rating from October 23, 2012, to August 23, 2017. The Board has remanded the issues of entitlement to higher ratings for left ankle and right lower extremity radiculopathy disabilities.

The Veteran's service-connected disabilities, including anxiety disorder, back disorder, left knee disorder, and radiculopathies of the lower extremities, have prevented him from securing or following a substantially gainful occupation since January 31, 2013. Effective that date, he is granted a TDIU.

The Veteran's claim for a higher rating for DDD of the lumbar spine was denied, and his claim for a higher rating for right side lumbar radiculopathy from October 29, 2009 through June 18, 2014, and in excess of 20 percent from June 19, 2014 is being remanded.,The Veteran's claim for a TDIU was also remanded.

The Board has remanded the cases of urinary incontinence and left leg radiculopathy associated with service-connected lumbar spine fracture residuals with degenerative disc disease for further evaluation.

The Veteran's lumbosacral degenerative joint and disc disease is rated at 40 percent, but the Board has remanded for further evaluation due to worsening symptoms. The TDIU claim is also being remanded.

The Veteran's claims for service connection for cervical radiculopathy and a disability affecting the nerves in the back have been denied as there is no evidence of chronicity or nexus to service.

The Veteran's claims for service connection for sciatica of the bilateral lower extremities and sleep apnea have been denied as there is no evidence of current disabilities or functional impairment.

The Board has remanded the case for further development and consideration of whether the Veteran is unemployable due to service-connected disabilities prior to November 26, 2018.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete compliance with previous remand orders, including the need for new VA examinations.

The Board has remanded the Veteran's claims for cervical spine disease, lumbar disc disease, and bilateral lower extremity radiculopathy due to deficiencies in the VA examinations conducted. The Veteran is to be provided with new VA examinations to assess his conditions and determine their etiology.