Radiculopathy & sciatica decisions — 2019

The Veteran's claims for increased evaluations of his lumbosacral strain residuals, forehead scar, and lower extremity radiculopathy have been remanded due to the need for further evaluation. The TDIU claim is also pending.

The Veteran's cervical spine and upper extremity radicular groups have been granted increased evaluations, with the TDIU status confirmed. The cervical spine condition has resulted in multiple evaluations based on different time periods.

The Veteran's claim for service connection for a lumbar disorder, including degenerative disc disease (DDD), degenerative spondylolisthesis, radiculopathy, and degenerative arthritis of the lumbar spine, was denied as there is no evidence of an in-service injury or event that resulted in these conditions. The Board found that the Veteran's current symptoms are not related to his active duty service.

The Veteran's service-connected low back and right lower extremity disabilities have worsened, necessitating new VA examinations. The increased rating claims are remanded as they could significantly impact the TDIU claim.

The Veteran is granted a TDIU from November 14, 2012 through December 31, 2012. The case was remanded for an extra-schedular TDIU prior to this date, but the Director of Compensation Service denied the claim.

The Veteran's claim for a rating of 20 percent for left lower extremity radiculopathy has been granted.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea.,Claims for service connection for a low back condition and bilateral hearing loss were denied due to lack of new and material evidence.

The Veteran's TDIU claim is remanded due to the need for additional development, including obtaining medical records and vocational rehabilitation records. The case may also be referred to VA's Director of Compensation Service for consideration of extraschedular TDIU.

The Veteran's service-connected left lower extremity disabilities necessitate the use of a LEFT ankle foot orthosis (AFO) and LEFT knee brace. The Board has ordered remand to gather additional evidence regarding clothing allowance claims for these devices.

Service connection is granted for neck and back disabilities, as well as residuals from excision of a ganglion cyst on the right index finger. Service connection is also granted for post-fracture neuralgia of the left little toe.,The Veteran's claims are all supported by medical opinions linking her current conditions to her military service.

The Board has remanded the claims for increased ratings of lumbar spine disability and radiculopathy, as well as the TDIU claim prior to September 24, 2018. The Veteran's back condition needs further examination due to a recent abdominal surgery, and his right leg radiculopathy requires another evaluation.

The Board has remanded the cases for issuance of a Statement of the Case (SOC) regarding increased ratings for the low back disorder and bilateral lower extremity radiculopathy disabilities.

The Veteran's claims for service connection for depression and right lower extremity radiculopathy have been denied as there is no evidence of record showing these conditions were incurred in or aggravated by military service.,The Veteran's claims to reopen his previous claims for left and right knee disorders, bilateral hearing loss, a right leg disorder other than a right knee disorder, a right ankle disability, and right lower extremity radiculopathy have been granted.

The Veteran's service-connected disabilities do not render him unable to engage in substantially gainful employment prior to March 27, 2014. After that date, no single disability is rated as 100 percent disabling or solely responsible for his inability to work.

The Veteran's lumbar spine disorder is currently rated at 10 percent based on limitation of motion, and the Board finds this rating to be appropriate given his range of motion findings.,The Veteran's TDIU claim was denied as he did not meet the schedular criteria for a total disability evaluation due to service-connected disabilities.

The Veteran's radiculopathy of the left lower extremity is rated at 40 percent, effective February 10, 2016. The Veteran's degenerative arthritis of the lumbar spine remains rated at 20 percent.

The Veteran's right lower extremity radiculopathy and degenerative disease of the lumbar spine are both rated under the appropriate VA rating criteria, resulting in a combined evaluation of 40 percent. The Board finds that separate compensation for the right lower extremity radiculopathy is not warranted.

The Board has remanded the Veteran's claims for service connection and TDIU due to inadequate medical opinions regarding his low back disability, which may be aggravated by a service-connected left ankle disability. The case will need to be reviewed with a new VA examination or opinion.

The Board has decided to remand the claims for service connection for left and right lower extremity radiculopathy due to a need for additional medical evaluation.

The Board denied service connection for sleep apnea, nerve conditions of the left and right lower extremities, and a rating in excess of 10 percent for acid reflux.