Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities do not render him unable to secure or maintain any substantially gainful occupation consistent with his education and occupational background since July 30, 2010.

Effective April 2, 2009, and no earlier, service connection is granted for radiculopathy of the right lower extremity. Effective April 2, 2009, and no earlier, service connection is granted for radiculopathy of the left lower extremity. Service connection is granted for a cervical spine disorder to include as secondary to the service-connected lumbar spine disability.

The Board denied the Veteran's requests for earlier effective dates for TDIU and basic eligibility for DEA benefits, finding that no earlier factually ascertainable date of entitlement existed before June 16, 2016.

The Veteran's claim for service connection for erectile dysfunction is remanded as the VA medical opinion did not address whether it was due to or aggravated by his service-connected disabilities.,The Veteran's claim for a total disability rating based on individual unemployability prior to August 16, 2011 is remanded as the schedular requirements were not met and referral to the Director of Compensation Service under 38 C.F.R. § 4.16 (b) is required.,The Veteran's claim for basic eligibility to Chapter 35 Dependents’ Educational Assistance prior to August 16, 2011 is remanded as it is inextricably intertwined with the TDIU claim.

The Board denied service connection for lumbar spine, right leg, and left foot disabilities due to lack of evidence linking these conditions to the Veteran's active service.

The Veteran's appeal for a rating in excess of 70 percent for PTSD with generalized anxiety disorder is dismissed. The Board has also remanded the issues regarding right and left lower extremity radiculopathy.

The Board has reopened the Veteran's claims for service connection for TBI, Degenerative Arthritis of the Lumbar Spine and Bilateral Radiculopathy, Residuals of TBI, and Tinnitus. The claims are granted to this extent. However, due to new evidence received since the last denial, the Board is remanding the Veteran's claims for service connection for Hearing Loss and Left Eye Injury.

The Board has remanded the Veteran's claims for service connection due to concerns about carelessness or negligence by VA in performing spinal anesthesia, which may have led to his intervertebral disc syndrome and radiculopathy.

The Board denied service connection for radiculopathy of the right upper extremity as there is no current disability and the Veteran's symptoms are better explained by his service-connected peripheral neuropathy.

The Veteran's claims for increased rating and service connection are remanded due to the need for additional examinations and opinions regarding his lumbar spine, left shoulder, and bilateral leg conditions.

The Veteran's back disorder was not found to be aggravated by active duty service, and his bilateral leg condition to include sciatic nerve disorder is not related to service or a service-connected disability.

The Board has denied service connection for the claimed conditions as they are not related to service.

The Veteran's claims for acid reflux, cervical spine disorder, upper extremity cervical radiculopathy, shoulder disorder, knee disorder, and obstructive sleep apnea have been denied as new and material evidence has not been presented to reopen these previously denied claims.,Service connection for costochondritis was also denied due to lack of a nexus between the condition and active service.

The Board has remanded the Veteran's claims for service connection due to unclear reasons and bases provided in the April 2018 decision. The issues are related as they all involve disabilities that pre-existed service.

The Board has granted service connection for lumbosacral strain with arthropathy, stenosis, DDD, IVDS, and right and left lower extremity radiculopathy, as well as irritable bowel syndrome (IBS), both of which the Veteran contends began in service.

The Veteran's service-connected sciatica of the bilateral lower extremities is granted with an initial 20 percent disability rating, effective January 22, 2019.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU.

The Board has remanded the claims for an extraschedular evaluation in excess of 20 percent for lumbar spine disability, increased evaluations for bilateral lower extremity radiculopathy, and a TDIU claim due to additional development being required.

The Veteran's appeal for TDIU due to gastroesophageal reflux disease (GERD) is dismissed as his PTSD, which he claimed for TDIU, has been rated at 100% since June 30, 2010. The issue of service connection for GERD is also dismissed as the benefit sought on appeal has been granted.

The Board has remanded the claims for further development due to new evidence submitted by the Veteran's representative.