Radiculopathy & sciatica decisions — 2019

The Board has granted service connection for degenerative disc disease with multilevel facet arthropathy and bilateral lower extremity radiculopathy, including sensory motor polyneuropathy, as secondary to the Veteran's now service-connected lower back disability.

The Board has remanded the issue of entitlement to a TDIU prior to July 10, 2014 due to inadequate development and lack of substantial compliance with previous remand directives.

The Board has dismissed the Veteran's appeals regarding service connection for left lower extremity sciatica secondary to a service-connected lumbar spine disability, an initial rating for right lower extremity femoral nerve involvement, and effective dates for both conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and new evidence. The Veteran is seeking service connection for left elbow strain, right arm/elbow disability, and cervical radiculopathy.

The Board has remanded the Veteran's claims for an earlier effective date for TDIU and SMC based on need for regular aid and attendance and/or housebound status due to ongoing medical conditions.

The Veteran's claim for an effective date prior to July 18, 2013 for tinnitus was denied as there were no earlier claims filed.,Claims for cervical spine disability, lumbar spine disability, and left upper extremity radiculopathy were dismissed due to lack of appeal within one year of the assigned effective dates.,The Veteran's claim for an effective date prior to May 7, 2012 for bilateral knee osteoarthritis was also dismissed as there were no earlier claims filed.,Claims for service connection for a bilateral hearing loss disability, acquired psychiatric disorder (PTSD), pseudofolliculitis barbae, left shoulder disability, and left arm disability are remanded due to the need for additional evidence.,The Veteran's claim for an increased rating for lumbar spine disability is remanded as there may be outstanding VA treatment records that have not been associated with his claims file.,The Veteran's claim for an increased rating for cervical spine disability is also remanded, and a psychiatric examination is needed to determine the relationship between current psychiatric disorders and service.

The Board has determined that the Veteran's current right lower extremity neurological disorder, diagnosed as lumbar radiculopathy, had its onset in service and granted service connection for this condition.

The Veteran's claim for service connection of a sleep disorder has been reopened, and the Board finds that new evidence received since the last final denial raises a reasonable possibility of substantiating his claim. The claims for higher ratings for thoracolumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, TDIU, neck condition, and respiratory condition are REMANDED as they involve new evidence or issues not previously addressed.

The Veteran's service-connected disabilities render him unemployable, and the Board finds that he is entitled to a TDIU effective January 14, 2019. The case is remanded for further development regarding his prior period of employment.

The Board has determined that there was clear and unmistakable error in reducing the Veteran's disability rating for residuals of a lumbar spine injury with lower extremity sciatica from 40 percent to 20 percent effective December 1, 1984. The prior reduction is reversed.

The Board has dismissed the Veteran's claims for service connection for various conditions due to improper filing of a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement).

The Board denied increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the lower extremities, finding that the Veteran's conditions did not warrant higher ratings based on his functional impairment.

The Board has remanded the Veteran's claims for additional development due to outstanding treatment records that are pertinent to his claims on appeal, including psychiatric treatment records and private treatment records from various providers.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and sciatica left lower extremity radiculopathy are being remanded due to inadequate examination reports. The VA is required to schedule the Veteran for a new VA examination to assess his current disability levels.

The Board has decided to remand the cases for further evaluation due to insufficient evidence, including a lack of recent VA treatment records and an outdated VA examination.

The Veteran's claim for service connection for lumbar strain, urinary incontinence with retention associated with lumbar strain, and bilateral lower extremity radiculopathy associated with lumbar strain is granted effective November 29, 2005.

The Veteran's service-connected disabilities, including a lumbosacral spine disability and right knee internal derangement, have rendered him unable to secure or follow substantially gainful employment prior to April 19, 2018.,The Board has determined that the issue of entitlement to a disability rating greater than 40 percent for a lumbosacral spine disability is being remanded due to insufficient medical nexus opinions regarding its etiology.

The Veteran's claims for increased ratings and service connection were remanded. The Board found that the Veteran should be granted a rating of 40 percent from August 30, 2010, for degenerative disc disease of the lumbar spine, and a rating of 40 percent from June 25, 2015, for radiculopathy of the left lower extremity. The Board also found that service connection should be granted for radiculopathy of the left lower extremity.

The Board has granted service connection for radiculopathy of the left lower extremity as secondary to a low back disability and has reopened the claim for major depressive disorder, finding new and material evidence. The issue of whether the depression was caused or aggravated by the low back disability is remanded.

The Board has remanded the case due to unclear diagnoses and lack of opinions regarding the etiology of the Veteran's left upper extremity nerve condition, including carpal tunnel syndrome and peripheral neuropathy.