Radiculopathy & sciatica decisions — 2019

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the current severity of his service-connected disabilities.

The Board has denied the Veteran's claims for earlier effective dates for service connection of left and right lower extremity sciatic radiculopathy, finding that the earliest evidence in the record of the Veteran’s intent to file for service connection was his July 6, 2011 claim. The Board also remanded the Veteran's claims for evaluations in excess of 20 percent for spondylolysis and for increased ratings for bilateral lower extremity radiculopathy.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted TDIU on a schedular basis.

The Veteran's claims for service connection for left lower extremity radiculopathy and a rating in excess of 20 percent for his lumbosacral strain and right lower extremity radiculopathy are remanded due to unclear diagnoses and functional limitations.

The Veteran's claims for service connection, a separate rating for radiculopathy of the left lower extremity, TDIU, and DEA benefits are all denied. The effective dates for these decisions are not earlier than November 28, 2014.

The Veteran's claims for service connection for various conditions, including DM, esophageal condition, hypertension, LLE radiculopathy, RLE radiculopathy, lumbar DJD with IVDS, and sleep apnea, were all granted effective May 24, 2013. The Board found that there was no earlier claim received prior to the Veteran's most recent period of active service (March 2012 to May 2013).

The Board denied the claim of CUE in the November 2015 rating decision that denied service connection for radiculopathy and peripheral neuropathy of the bilateral lower extremities. The evidence did not show a current diagnosed disability, and the RO correctly applied the law at the time.

The Veteran's hypertension is being remanded for further development as it may be related to his service-connected disability.

The Veteran's right lower extremity radiculopathy is rated at a 20 percent initial rating, but no higher, due to moderate incomplete paralysis of the sciatic nerve. The appeal was granted.

The Veteran's left upper extremity radiculopathy is granted a 40 percent disability rating from May 8, 2014 to February 7, 2016.

The Board has remanded the claims for service connection for atrial fibrillation and a compensable rating for hypertension due to the Veteran not having received a Statement of the Case.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for left leg radiculopathy is denied because there is no evidence of VA treatment causing the disability, and there was no clinical diagnosis of left leg radiculopathy prior to his death.

The Board denied increased ratings for radiculopathy of the right and left lower extremities, but granted a TDIU based on service-connected disabilities.

The Board has remanded the case due to insufficient consideration of the appellant's claim regarding the cause of her husband's death and a pending increased rating appeal for his back disability. The VA is instructed to provide an addendum opinion addressing whether the Veteran’s pain from service-connected disabilities contributed to or aggravated his high blood pressure, which in turn caused his death.

The Veteran's back disability is rated at 20% effective June 2, 2016. His left lower extremity radiculopathy was previously granted a 10% rating as of May 13, 2015.

The Veteran's claims for earlier effective dates for his service-connected peripheral neuropathy disabilities are being remanded due to outstanding private treatment records and the need for further development.

The Veteran's major depressive disorder is granted as secondary to his service-connected lumbar spine, bilateral lower extremity, and right thumb disabilities. The neck disorder, status post metacarpal phalangeal fracture of the right thumb, lumbar fusion with disc herniation, post laminectomy syndrome and lumbar stenosis, surgical scar, mid low back, right lower extremity radiculopathy, and left lower extremity L-5 radiculopathy are all remanded for further examination and rating considerations.

The Veteran's service-connected lumbar spine disability and radiculopathy of the bilateral lower extremities have been granted effective from April 10, 2014. The initial ratings for these conditions are also granted.

The Veteran's claims for diabetes, hypertension, and acquired psychiatric disorder (depression) have been denied as there is no evidence of in-service onset or aggravation.,Service connection for right shoulder condition, left shoulder condition, bilateral lower extremity radiculopathy, cervical spine disability, low back disability, hepatitis C, and tinnitus has also been denied.

The Veteran's claim for an increased rating for his service-connected lumbar spine degenerative joint disease is being remanded due to allegations of worsening symptoms since the May 2017 examination.,Service connection for tingling and numbness (sciatic neuropathy) of both lower extremities is being remanded as there is no current diagnosis of sciatic neuropathy in the record.