Radiculopathy & sciatica decisions — 2019

The Veteran's appeals for service connection for blurred vision, bilateral hearing loss, dizziness, inhalation injury, degenerative disc disease of the lumbar spine with intervertebral disc syndrome, left knee disability, right knee disability, tinnitus, sleep apnea, GERD, status post excision benign skin mass on the right wrist with residual scar, headache disability, left cubital and carpal tunnel syndrome, right cubital and carpal tunnel syndrome, right lower extremity radiculopathy, and PTSD have all been dismissed due to withdrawal of appeals by the Veteran.,The Veteran's appeals for a disability rating in excess of 10 percent for left ankle disability, right ankle disability, left foot disability, and right foot disability are being remanded for further development.

The Veteran's claims for service connection were denied, and he was granted a 30% rating for unspecified anxiety disorder with effective date of September 29, 2015. The other conditions were not found to be service-connected.

The Board has granted service connection for obstructive sleep apnea as secondary to a service-connected disability, denied service connection for tinnitus and heart condition, and denied service connection for low back disability. The Veteran's claim for increased rating of cervical spine disability is denied, but the issue of entitlement to an initial compensable rating for right upper extremity radiculopathy from June 19, 2017, and left upper extremity radiculopathy remains pending.

The Veteran's claims for increased initial ratings for a lumbar spine disability and left lower extremity radiculopathy are being remanded due to the need for new examinations to determine the current nature and severity of his disabilities.

The Board has remanded the Veteran's claims for service connection due to new VA treatment records being added without a waiver of AOJ consideration.

The Veteran's service-connected PTSD, low back disability, and sciatic nerve damage of the left and right lower extremities render him unable to obtain or maintain substantially gainful employment since January 30, 2014.

The Veteran's PTSD was granted service connection effective October 22, 2012. Effective the same date, he also received a compensable rating for malaria and an increased rating for his low back disability.

The Board has granted service connection for radiculopathy of the buttocks and bilateral lower extremities, finding that there is at least equipoise evidence to support this claim.,A 20 percent disability rating for degenerative disc disease of the lumbar spine was also granted.

The Veteran's claims for higher ratings for his lumbar spine and associated radiculopathy of the lower extremities are being remanded due to the need for additional development.

The Veteran's claims for service connection for carpal tunnel syndrome right wrist, claimed as peripheral neuropathy right upper extremity; carpal tunnel syndrome left wrist, claimed as peripheral neuropathy left upper extremity; and traumatic brain injury are being remanded due to inadequate examination reports.

The Veteran's claims for effective dates earlier than February 20, 2014, for the grant of service connection for left and right lower extremity radiculopathy have been denied.,The Veteran's claim for an increased rating for his lumbar spine disability outside the period of convalescence has also been remanded.

The Veteran's PTSD was granted service connection, but the initial rating for PTSD prior to July 24, 2017 is denied. The initial rating of 50% is maintained thereafter (July 24, 2017 and onwards). Both LLE and RLE radiculopathy were denied with an initial rating.

The Board has granted entitlement to TDIU from December 4, 2018 due to the appellant's service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment. The claim for extraschedular TDIU prior to December 4, 2018 is being remanded.

The appeals for bilateral hearing loss, tinnitus, right ankle disorder, right shoulder disorder, left shoulder disorder, chronic left sternoclavicular joint disorder, left foot disorder, and left lower extremity radiculopathy have been dismissed.,The appeal for PTSD has also been dismissed.

The Veteran's service-connected disabilities, including major depressive disorder, chronic low back pain, and lumbar radiculopathy of the left lower extremity, precluded him from securing and following substantially gainful employment. The Board granted a TDIU from September 25, 2009, to March 31, 2011.

The Board has determined that updated VA examinations are needed to assess the current severity of the Veteran's service-connected degenerative arthritis of the lumbar spine, low back scar, and radiculopathy of the left lower extremity.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy in each lower extremity are being remanded due to the need for new VA examinations to assess current severity.

The Board has denied compensation for additional neck disability due to VA treatment or medical care. The Veteran's claim is being remanded for further examination and opinion regarding service connection, aggravation of existing conditions, and TDIU.

The Board has remanded several issues related to the Veteran's service-connected conditions, including increased ratings for low back strain and right hip strain, a compensable rating for erectile dysfunction, and initial ratings for bilateral lower extremity radiculopathy. The Veteran also raised a claim for TDIU.

The Veteran's low back disability is currently rated at 20 percent, and his left lower extremity sciatic nerve radiculopathy is rated at 40 percent. The right lower extremity sciatic nerve radiculopathy remains rated at 10 percent.