Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities do not meet the criteria for an increased level of SMC based on need for higher level of aid and attendance.

The Veteran's cervical spine degenerative disc disease, disc herniation, and spondylosis are not rated higher than 20 percent.,The Veteran's left upper extremity radiculopathy is currently rated at 10 percent. The Board finds the evidence does not support a rating in excess of 10 percent.,The Veteran's right upper extremity radiculopathy is currently rated at 10 percent. The Board finds the evidence does not support a rating in excess of 10 percent.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbosacral spine, coronary artery disease, radiculopathy of the right lower extremity, tinnitus, and bilateral hearing loss, render him unable to secure or follow substantially gainful employment. As a result, TDIU is granted.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete examinations, lack of retrospective opinions, and other procedural issues. The Veteran will need to undergo additional VA examinations and provide updated treatment records.

The Board has determined that the Veteran's claims for service connection for vertigo, Meniere’s disease, traumatic brain injury (shrapnel in brain, right side), and degenerative disc disease of the lumbar spine with right lower extremity radiculopathy should be remanded due to incomplete development. Specifically, there is a need to obtain VA treatment records from 2016 onwards, as well as VA treatment records from the early 1970s at a VA medical facility in New York City. Additionally, an examination is needed to determine if the Veteran's lumbar spine condition is related to service, and a copy of the Statement of the Case (SOC) issued in December 2016 should be obtained.

The Board has remanded the Veteran's claims for cervical spine, left arm, and left shoulder disorders due to insufficient evidence regarding their etiology and relationship to service.

The Board has remanded three issues related to the Veteran's service-connected lumbar spine, left and right lower extremity conditions. The Veteran will need to provide any missing records from Bagram Hospital in Afghanistan, Kandahar TMC, and Dr. Parker.

The Board denied the Veteran's claims for earlier effective dates for TDIU and DEA benefits, finding that entitlement did not arise prior to March 27, 1990.

The Board has granted service connection for radiculopathy of the left upper extremity secondary to a service-connected cervical spine disability. However, the claim for a neurological disorder of the left upper extremity (numbing of the 3rd, 4th, and 5th fingers) is remanded as it is unclear whether this represents a separate condition or if it is related to the radiculopathy.

The claim of service connection for the cause of death is dismissed, and the claim of DIC under 38 U.S.C. § 1318 is denied.

The application to reopen the claim of recurrent low back strain was granted, but service connection for this condition is denied.,Service connection for bilateral hallux valgus and onychomycosis were both denied.

The Board has denied earlier effective dates for service connection for bilateral hearing loss and tinnitus, as there was no communication prior to September 11, 2008 that could be construed as a claim.,Service connection for left upper extremity radiculopathy is granted secondary to the service-connected cervical spine disorder. Service connection for seizure disorder is denied.

The Board has remanded the Veteran's claims for increased ratings for his low back condition and bilateral radiculopathy of the lower extremities, as well as his claim for a TDIU. Additional development is required to consider these issues.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional examinations. The appeals are inextricably intertwined with his TDIU claim.

The Board has determined that there have been issues with obtaining the Veteran's service treatment records and these must be obtained again. The appeal is being remanded to ensure all necessary efforts are made to secure these records.

The Veteran's claims for service connection for chronic fatigue syndrome, a low back disability, bilateral lower extremity radiculopathy, and hemorrhoids were denied effective January 29, 2016.,Eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 was also denied effective January 29, 2016.

The Veteran's low back pain syndrome with minimal degenerative joint disease of lumbar spine is currently rated at 20 percent, and the Board finds that it more nearly approximates favorable ankylosis of the entire thoracolumbar spine. The Veteran’s left lower extremity radiculopathy prior to December 27, 2018, results in no more than mild incomplete paralysis of the sciatic nerve, while from December 27, 2018, it results in no more than moderate incomplete paralysis.,The Veteran's TDIU claim is remanded as there are issues with his service-connected disabilities.

The Veteran's low back disability and right leg radiculopathy have been granted a 40 percent rating, effective from the date of the decision.

The Board has granted service connection for major depressive disorder, but the claims for lumbar spine degenerative joint disease and degenerative disc disease as well as left lower extremity radiculopathy of the sciatic nerve are remanded due to insufficient evidence.

The Veteran's claim for an increased disability rating for lumbar spine degenerative disc disease status post fusion with mild bilateral sciatic radiculopathy is remanded due to the inadequacy of a September 2018 VA examination report. A new examination must be conducted and a retrospective medical opinion provided.