Radiculopathy & sciatica decisions — 2019

The Veteran's claims for increased ratings for his lumbar spine and lower extremity radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating prior to October 17, 2016, but granted a 20% rating thereafter.

The Board has remanded the claim for service connection for a low back disorder, claimed as sciatica, due to the need for a VA examination and consideration of the lay statements regarding symptom onset.

The Veteran's service-connected disabilities, including diabetes mellitus, peripheral neuropathy, ischemic heart disease, and others, are found to be severe enough to prevent him from obtaining and maintaining substantially gainful employment.

All appeals seeking to reopen previously denied claims of service connection for various conditions have been dismissed.,Claims for earlier effective dates and increased ratings have also been dismissed.

The Board has remanded the Veteran's claims for increased disability ratings and TDIU due to his service-connected lumbar spine disability, radiculopathy of the lower extremities, and sexual dysfunction. The AOJ is required to obtain private treatment records from Dr. B., Dr. E.S., and any other relevant providers, as well as VA treatment records from June 2015 to the present. A medical opinion on the etiology of the Veteran's erectile dysfunction will also be obtained.

Entitlement to increased ratings for bilateral hearing loss and tinnitus is denied.,Entitlement to initial compensable evaluations for radiculopathy of the sciatic nerve in both lower extremities, as well as radiculopathy of the femoral nerve in both lower extremities, is remanded.,Entitlement to a TDIU prior to December 23, 2016, is also remanded.

The Board denied service connection for a cervical spine disorder, cervical radiculopathy of the right upper extremity (RUE), and cervical radiculopathy of the left upper extremity (LUE).,The Veteran's current cervical spine disorder is not shown to be causally or etiologically related to any disease, injury, or incident during service, and arthritis did not manifest within one year of discharge from active duty.

The Board has granted the Veteran's request to reopen his claim for service connection for a back disorder. However, it denied the claim as there is no evidence that the current disability is related to service.

The Veteran's thoracolumbar spine, cervical spine, right hip, left hip, right knee, left knee, right ankle, left ankle, and right foot disabilities are remanded for further development. The Veteran's heart disorder, hypertension, and Parkinson's disease claims are also remanded.

The Veteran's left and right upper extremity radiculopathy are rated at 30% and 40%, respectively, for moderate incomplete paralysis of the nerve.

The Veteran's claim for service connection for basal cell carcinoma was denied due to lack of evidence linking the condition to service. The Board found no new and material evidence.,Service connection for a sleep disability is denied as there is no evidence showing the Veteran has such a disability during his active duty or related to service.

The Veteran's ratings for degenerative disc disease of the lumbar spine, sciatic nerve sensory deficit of the left lower extremity, and sciatic nerve sensory deficit of the right lower extremity were reduced from their previous levels. The reductions are denied as proper.

The Veteran's claims for increased ratings for degenerative disc and joint disease of the lumbar spine, left lower extremity radiculopathy, and right lower extremity radiculopathy have been denied. The Veteran is currently rated at 40% for left lower extremity radiculopathy.

The Veteran's radiculopathy of the right lower extremity is granted a 10% rating. The claim for service connection for major depressive disorder and right foot disability are reopened, but service connection itself remains denied. A VA examination is needed to assess the current severity of the Veteran’s back disability and related radiculopathy.

The Board has granted service connection for various conditions including left and right knee disabilities, sleep apnea, TBI, bilateral carpal tunnel syndrome, and an acquired psychiatric disability. The Veteran's current hearing loss in the right ear is not considered a compensable disability.

The Board has remanded the cases for further development and examination due to insufficient evidence in some areas, particularly regarding the right hip condition and back strain.

The Board has decided to remand the Veteran's claims for service connection and rating of his right knee condition, as well as his claims for a back condition and sciatic nerve condition. The records from Coastal Bend Medical Service in Corpus Christi and an outpatient clinic in Denton need to be obtained, and a VA examination is required to assess the nature and etiology of these conditions.

The Veteran's service-connected disabilities, including major depressive disorder, bilateral knee and back conditions, radiculopathies, and erectile dysfunction, render him incapable of securing or following a substantially gainful occupation.

The Veteran's acquired psychiatric disorder is granted service connection. The effective date for this grant is March 31, 2014.,Service connection for CAD and diabetes mellitus is denied as the earliest evidence of these conditions was received after March 31, 2014.

The Veteran's acquired psychiatric disorder is granted service connection. The effective date for CAD and diabetes mellitus remains March 31, 2014.,Right upper and lower extremity peripheral neuropathy, hypertension, and cerebral infarction (stroke) are remanded due to the need for additional medical examinations.