Radiculopathy & sciatica decisions — 2019

The Board has denied the Veteran's claims for service connection for left knee patellofemoral syndrome/degenerative joint disease (DJD), right knee patellofemoral syndrome/DJD, and lumbar spine disorder. The issues of service connection for left lower extremity sciatic nerve damage and right lower extremity sciatic nerve damage are remanded due to the need for additional development.

The Veteran's lumbosacral strain with intervertebral disc syndrome and left lower extremity radiculopathy are granted service connection. Right lower extremity radiculopathy is denied, but the case for right lower extremity radiculopathy is remanded due to lack of a current diagnosis. Sleep apnea is also remanded.

Entitlement to increased ratings for radiculopathy of the left lower extremity and degenerative joint disease of the lumbar spine is denied.,Entitlement to a 40 percent rating for radiculopathy of the right lower extremity prior to June 5, 2007, is granted.

The Veteran's low back disorder, diagnosed as degenerative disc disease with herniated nucleus pulposus and bilateral radiculopathy, is found to be related to his military service. The claim for service connection is granted.

The Veteran's appeal is being remanded for additional examinations and opinions to determine the severity of his back, hip, and knee conditions.

The Veteran's initial claim for an increased rating for bilateral sensorineural hearing loss was denied, and the case is remanded.,The Veteran's claims for increased ratings for status post laminectomy, lumbosacral spine and radiculopathy of the left lower extremity associated with status post laminectomy, lumbosacral spine are remanded.,The Veteran's claim for a TDIU is also remanded.

The Veteran's claims for service connection and increased ratings have been remanded due to the need for additional evidence, including VA treatment records from Tulsa and a new examination.

The Veteran's claim for service connection for left ear hearing loss has been reopened. The Board also remanded the issues of sleep apnea, right ear hearing loss, low back disability, right lower extremity radiculopathy, and right thigh paralysis of the external cutaneous nerve.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating. However, his employment difficulties may be due to his thoracolumbar spine disorder and he is being referred for extraschedular consideration.

The Board cannot make a fully-informed decision on the issue of entitlement to service connection for sleep apnea, as the current VA examiner's opinion is inadequate. The Veteran contends that his sleep apnea is due or aggravated by his service-connected disabilities, but the examiner did not consider these factors in their assessment.

The Veteran's reduced rating for lumbar IVDS with degenerative arthritis is restored to 40 percent. A 40 percent rating effective from September 19, 2012, for IVDS and degenerative arthritis of the lumbar spine is granted. A 20 percent initial rating for left lower extremity radiculopathy is granted.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's radiculopathy of the left lower extremity and its relationship to his service-connected lumbar spine disability.

The Veteran's claims for increased ratings for left lower extremity peripheral neuropathy and radiculopathy have been denied. The evidence does not demonstrate manifestations consistent with the criteria for increased ratings.

The Veteran's service-connected ischemic heart disease and diabetic peripheral neuropathy of the upper and lower extremities combine to prevent him from obtaining or maintaining gainful employment, resulting in a TDIU for the relevant periods.

The Veteran's claims for effective dates earlier than August 1, 2015 for the assignment of increased ratings were denied.,Effective dates have been assigned for the Veteran's service-connected disabilities.

The Veteran's ratings for degenerative arthritis of the lumbar spine with intervertebral disc syndrome and radiculopathy of the right lower extremity were restored to 20 percent effective September 1, 2015.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination reports. The claims include initial compensable ratings for service-connected left and right lower extremity radiculopathy, as well as a higher rating for lumbar spine degenerative disc disease.

The Veteran's service-connected disabilities, including major depressive disorder and back conditions, are found to be so severe that they prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's cervical spine DDD, bilateral cervical myelopathy, right upper extremity radiculopathy, inflammatory arthritis, fibromyalgia, and allergic rhinitis are all granted service connection. The issue of service connection for a heart disability is remanded.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's current back pain and his service. The Veteran needs to provide updated treatment records, including from VA, and a VA examination is required to determine if there is a nexus between his in-service symptoms and his current condition.