Radiculopathy & sciatica decisions — 2019

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to insufficient evidence from a recent VA examination. The Veteran needs to provide information about his treatment records, and he will undergo another VA examination.

The Board dismissed the Veteran's appeals for initial ratings higher than 20 percent for a lumbar spine disability and an initial rating higher than 10 percent for right lower extremity radiculopathy. The appeal seeking entitlement to a total disability rating based on individual employability due to service-connected disabilities (TDIU) was granted.

The Veteran's lumbar spine DDD and right lower extremity radiculopathy have been granted increased ratings, with the TDIU claim being granted as of January 26, 2017.

The appeal concerning entitlement to service connection for hypertension is dismissed.,The appeal concerning entitlement to service connection for a left knee disorder is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for right lower extremity radiculopathy is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for left lower extremity femoral radiculopathy is dismissed.,The appeal concerning entitlement to a rating in excess of 10 percent for right knee degenerative joint disease is dismissed.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding whether his claimed conditions are of the type that should have been documented in service records and were not. The Veteran is required to undergo new VA examinations to address these issues.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as he has continued to work throughout the appeal period.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current diagnosis of a headache disability, and the right shoulder disability was rated at 20 percent, which is the highest rating available under VA regulations.

The Board has determined that the severance of service connection for Parkinson's disease and its related impairments was improper, as there is no evidence to suggest that the Veteran does not have a current diagnosis of Parkinson's disease.,Entitlement to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 has been restored.

The Board has remanded the issues of earlier effective dates for prostate cancer service connection, rating from June 27, 2016 to October 18, 2018, and TDIU prior to November 21, 2016.

The Board has remanded the Veteran's claims for bilateral hearing loss, lumbar spondylosis, spinal stenosis, L-5 radiculopathy, and lumbar degenerative disc disease (DDD) due to unclear in-service events or injuries that relate to these conditions. Further development is required.

Service connection for tinnitus is granted.,An effective date prior to June 6, 2016 for service connection of degenerative disc disease lumbar spine with intervertebral disc syndrome and right lower extremity radiculopathy is denied.,Entitlement to an initial rating in excess of 20 percent for degenerative disc disease lumbar spine with intervertebral disc syndrome and an initial rating in excess of 10 percent for right lower extremity radiculopathy is remanded.,Service connection for a cardiac disability, bilateral hearing loss disability, and rheumatoid arthritis is remanded.,,,

The Veteran's appeal is remanded for a new VA examination to assess the nature and etiology of her claimed bilateral lower extremity disorder, including neuropathy or radiculopathy. The examiner should determine if she has demonstrated such a condition at any time during the pendency of this appeal, whether it is related to service, and whether it was caused by or aggravated by her service-connected chronic lower back strain.

The Veteran's claim for service connection for Meniere’s disease was denied as there is no evidence of its occurrence during service.,Service connection and compensation for degenerative arthritis of spine, radiculopathy of right lower extremity, bilateral hearing loss, and chronic sinus disability were remanded due to insufficient evidence or procedural issues.

The Veteran's claim for service connection for Meniere’s disease was denied as there is no evidence of its occurrence during service.,Service connection and compensation for degenerative arthritis of spine, radiculopathy of right lower extremity, bilateral hearing loss, and chronic sinus disability were remanded due to insufficient evidence or procedural issues.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy prior to January 11, 2012, as well as a rating in excess of 40 percent for DJD of the lumbar spine for the period beginning November 25, 2008, are being remanded due to inadequate VA examinations.,The Veteran's service-connected DJD of the lumbar spine is also being remanded.

The Board has granted service connection for an acquired psychiatric disorder, intervertebral disc syndrome (IVDS), and lumbar radiculopathy of the left lower extremity. The RO implemented this decision by awarding benefits to the Veteran. However, the appellant is denied attorney fees based on past due benefits granted in the August 2016 rating decision.

The Board has granted service connection for migraine headaches and denied service connection for sciatica. Migraine headaches are found to be etiologically related to service, while sciatica is not.

The Board has granted service connection for radiculopathy of the left and right lower extremities, finding that these conditions began during active service.

The Veteran seeks an effective date prior to March 25, 2010 for the award of service connection for degenerative disc disease of the lumbar spine and related radiculopathy of the left and right lower extremities.,The Board found that no new and material evidence was submitted to reopen the Veteran's claim seeking entitlement to service connection for residuals of a back injury, including radiculopathy of the right and left lower extremities.

The Board has granted service connection for right shoulder tendonitis, but denied the claims of residuals of a concussion, left lower extremity radiculopathy disorder, and right lower extremity radiculopathy disorder. The Veteran's current right shoulder condition is related to his active service.