Radiculopathy & sciatica decisions — 2019

The Board has remanded the case due to the need for a VA examination to determine if the Veteran needs aid and attendance or is permanently housebound due to his service-connected disabilities.

The Veteran's appeal is remanded for additional examinations and opinions regarding his hip, knee, ankle, lumbar spine, and radiculopathy conditions. The claims are also remanded for a rating in excess of the current 10 percent ratings for degenerative joint disease of the right knee and right ankle.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, warranting a TDIU award.

The Veteran's bilateral hearing loss is currently rated at 20 percent, and the Board finds that a higher rating is not warranted. The claims for low back disability, retinal detachment (left eye), and left sciatic radiculopathy are remanded as they may be related to service.

The Board of Veterans' Appeals has awarded a total disability rating based on individual unemployability (TDIU) but denied an earlier effective date prior to May 28, 2014. The case is being remanded for the Director of VA's Compensation Service to determine if the Veteran is entitled to a TDIU on an extraschedular basis prior to that date.

The Veteran's service-connected disabilities, including chronic muscular strain superimposed on degenerative instability of the lumbar and thoracic spine, radiculopathy of the left lower extremity, and somatic symptom disorder with predominant pain, are as likely as not rendering him unable to secure or follow substantially gainful employment.

The Veteran's claim for a higher evaluation for his right upper extremity radiculopathy was denied. The current rating of 30% is maintained.,A 40% rating, but no higher, has been granted for the Veteran's left lower extremity radiculopathy (sciatic nerve).

The Board has decided to remand the claims for service connection due to a failure to obtain necessary service treatment records and to request information from the Social Security Administration.

The Board has determined that the Veteran's claims for effective dates prior to December 8, 2015 are denied as there were no pending and unadjudicated claims for service connection for any right or left hip disabilities or any right or left lower extremity neurological disabilities prior to December 8, 2015.,The Board has determined that the Veteran's claims for effective dates prior to December 8, 2015 are denied as there were no pending and unadjudicated claims for service connection for any right or left hip disabilities or any right or left lower extremity neurological disabilities prior to December 8, 2015.,The Board has determined that the Veteran's claims for effective dates prior to December 8, 2015 are denied as there were no pending and unadjudicated claims for service connection for any right or left hip disabilities or any right or left lower extremity neurological disabilities prior to December 8, 2015.,The Board has determined that the Veteran's claims for effective dates prior to December 8, 2015 are denied as there were no pending and unadjudicated claims for service connection for any right or left hip disabilities or any right or left lower extremity neurological disabilities prior to December 8, 2015.,The Board has determined that the Veteran's claims for effective dates prior to December 8, 2015 are denied as there were no pending and unadjudicated claims for service connection for any right or left hip disabilities or any right or left lower extremity neurological disabilities prior to December 8, 2015.,The Board has determined that the Veteran's claims for effective dates prior to December 8, 2015 are denied as there were no pending and unadjudicated claims for service connection for any right or left hip disabilities or any right or left lower extremity neurological disabilities prior to December 8, 2015.,The Board has determined that the Veteran's claims for effective dates prior to December 8, 2015 are denied as there were no pending and unadjudicated claims for service connection for any right or left hip disabilities or any right or left lower extremity neurological disabilities prior to December 8, 2015.

The Veteran's lumbosacral spine disability is rated at 40 percent effective August 18, 2016. The Board also granted a TDIU rating as of March 12, 2015.

The Veteran's multiple service-connected conditions, including degenerative disc disease of the lumbosacral spine and hypertension, have rendered him unable to secure or follow a substantially gainful occupation.

A rating of 20 percent for posterior tibial insufficiency, left ankle is granted. Service connection for cervical spine radiculopathy, idiopathic peripheral neuropathy of the left ankle, and insomnia are remanded.

The Veteran's service-connected disabilities, including lumbar spine with intervertebral disc syndrome, bilateral hearing loss, tinnitus, and radiculopathy of the lower extremities, render him unable to secure or follow a substantially gainful occupation. As such, TDIU is granted.

The Veteran's service-connected disabilities, including lumbar and thoracic degenerative disease, lower radicular group neuritis (right upper extremity), cervical degenerative disc disease with stenosis, and sciatic neuralgia (right lower extremity), are deemed to be severe enough to prevent him from securing or following a substantially gainful occupation. However, the VA examinations were found inadequate due to lack of assessment on the effects of his medications.

The Board has denied the Veteran's claims for service connection for hemorrhoids, radiculopathy of the bilateral lower extremities, and residuals of frost bite of the hands and feet due to lack of current disability evidence.,Further examination is needed to determine if these conditions are currently present.

The claims for service connection for anxiety and erectile dysfunction have been reopened.,Service connection was denied for the Veteran's back disability, diabetes mellitus, radiculopathy, diabetic retinopathy, chronic fatigue, and left foot condition resulting in toe amputations.

The Veteran's appeal involves multiple issues related to effective dates for service connection and increased ratings. The Board has determined that these matters are inextricably intertwined with the proposed changes in effective dates outlined in a previous rating decision, and thus cannot be decided at this time.

The Board has dismissed the claims of service connection for low back disability and lumbar radiculopathy due to the death of the appellant.

The Veteran's service-connected conditions render him unable to obtain and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board denied the Veteran's claims for higher ratings for his RLE and LLE radiculopathy, low back disability, chronic sinusitis, and gastritis. The claim for an earlier effective date for service connection of RLE radiculopathy was also denied.