Radiculopathy & sciatica decisions — 2019

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and a need for a contemporaneous VA examination.

The Veteran's appeals for service connection were dismissed due to his withdrawal of the appeals as to bilateral hearing loss, chronic fatigue syndrome, and insomnia. The remaining issues are remanded.

The Veteran's claim for service connection for a depressive disorder has been reopened and granted. The right foot metatarsalgia with pes planus and degenerative joint disease is rated at 20 percent.,Right hip replacement, left wrist cyst secondary to service-connected disabilities, lumbosacral strain, peripheral neuropathy of the right lower extremity, peripheral neuropathy with sciatic nerve involvement of the left lower extremity, and peripheral neuropathy with external cutaneous nerve involvement of the left lower extremity are all remanded for further review.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include TBI, lower back disability, arthritis, right and left lower extremity radiculopathy.

The Veteran's left ankle disorder is granted a 20 percent rating, but no higher. The Veteran’s posttraumatic headaches are granted a 30 percent rating, but no higher. The Veteran’s cervical spine disability is denied any increase in rating. The Veteran’s left upper extremity radiculopathy and right upper extremity radiculopathy are both granted a 40 percent rating, but no higher. The Veteran's thoracic spine degenerative disc disease is denied any increase in rating. The Veteran's right lower extremity radiculopathy is denied any increase in rating. A total disability based on individual unemployability (TDIU) is granted from September 18, 2015.

The Veteran's lumbar spine disability and associated radiculopathy of the left lower extremity have been granted a higher rating, while bowel incontinence and bladder incontinence secondary to the lumbar spine disability are also granted. The Veteran is now rated for his service-connected disabilities.

The Veteran's peripheral neuropathy of the sciatic nerve in both lower extremities is currently rated at 10 percent, and higher ratings are not warranted.,The Veteran's peripheral neuropathy of the femoral nerve in both lower extremities is currently rated at 10 percent, and higher ratings are not warranted.

The Veteran's tinnitus is granted service connection. The claims for right ankle condition, ulcer condition, back condition, and cervical cancer are reopened due to new evidence received since the last denial in February 1997.

The Board has remanded the Veteran's claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities do not preclude him from engaging in the acts of gainful employment, and therefore, his claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Board denied separate compensable ratings for the right lower extremity nerve impairments, finding that they are all branches of the sciatic nerve and therefore not distinct from each other or the service-connected right sciatic nerve.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and diabetes mellitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on this finding.

The Board has remanded the Veteran's claims for cervical spine strain, left and right lower extremity radiculopathy due to outstanding VA treatment records and need for updated examinations.

The Board has denied the Veteran's claims for service connection for low back disability, bilateral pes planus, and sciatic radiculopathy as secondary to a low back disability. The claim for hallux valgus/bunion is currently pending.,Further examination is needed to determine if the current hallux valgus/bunion condition is related to an in-service injury, event, or disease.

The Veteran's low back disability and RLE/LLE radiculopathy are being remanded for additional examination to determine the current level of severity. The rating for LLE radiculopathy is also being remanded.

The Board has dismissed all the claims of service connection due to the Veteran's death.

The Veteran is granted a TDIU effective June 8, 2016. The Board found that the Veteran's service-connected disabilities rendered him incapable of securing and following substantially gainful employment since June 8, 2016.

The Board denied service connection for left knee disability, right knee disability, left lower extremity radiculopathy secondary to degenerative disc disease of the lumbar spine, and right lower extremity radiculopathy secondary to degenerative disc disease of the lumbar spine. The Veteran's TBI residuals claim was also denied.,The Board found no current disabilities for service connection for left knee disability, right knee disability, left lower extremity radiculopathy, or right lower extremity radiculopathy. Service connection for residuals of traumatic brain injury (TBI) was denied.

The Veteran's claim for a higher rating for her low back disability, radiculopathy of the left lower extremity, deviated septum with sinusitis, right wrist scar, and PTSD with depression was denied. The Board found that the evidence did not support a higher rating for any condition.

The Veteran's appeals have been withdrawn, and the issues of entitlement to increased ratings for various conditions are dismissed.,The rating reduction from 20 percent to 0 percent for degenerative arthritis of the left shoulder with chronic separation was proper.