Radiculopathy & sciatica decisions — 2019

The Board has remanded the claims for increased initial ratings for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to outstanding VA treatment records and incomplete retrospective medical opinions.

The Board has remanded several issues for further development and consideration, including service connection claims for sinusitis, rheumatoid arthritis, bilateral hearing loss, hypertension, low back disability, radiculopathy of the lower extremities, and an increased rating for a low back disability.

The Veteran's lumbar degenerative joint disease and lower extremity radiculopathy were denied increased ratings. The Board found that the evidence did not support a rating in excess of 20 percent for these conditions.

The Veteran's service-connected low back and radiculopathy disabilities necessitate the use of a low back brace, but there is no probative evidence showing that his low back brace causes wear and tear on clothing. As such, he is not entitled to annual VA clothing allowances for the years 2015 and 2016.

The Veteran was granted TDIU from February 8, 2015 until April 12, 2018 due to her service-connected disabilities preventing her from securing or following a substantial gainful occupation.

The Board denied service connection for thoracolumbar spine degenerative joint disease with radiculopathy, intervertebral disc syndrome (IVDS), and osteoporosis due to lack of evidence linking the condition to service.

The Board has remanded the cases for further development due to insufficient opinions in the January 2018 VA examination regarding the etiology of the Veteran's lumbar spine disability, sciatica, and diverticulitis. The claims are also remanded for an addendum opinion from the examiner on whether the service-connected ulcerative colitis caused or aggravated the Veteran's diverticulitis.

The Board has remanded the claims for a higher rating for post-operative degenerative disc disease of the thoracolumbar spine with strain and for an initial rating in excess of 40 percent for right lower extremity radiculopathy, including consideration of special monthly compensation (SMC) for loss of use of the foot prior to September 4, 2017. Further development is required as additional evidence has been added to the record.

The Board has remanded the claims for increased ratings due to outstanding VA and SSA records. The Veteran's claim for service connection for colon disability is denied as there is no evidence of current disability.

The Veteran's appeal is being remanded for further examination and rating considerations due to the need for updated assessments of his service-connected disabilities, particularly those affecting his knees and hips. The issues include increased ratings for various knee and hip conditions.

The Veteran's claim for left clavicle fracture residuals and left shoulder acromioclavicular joint osteoarthritis was reopened, with the former granted based on aggravation of a pre-existing condition. The claim for DM was also reopened, but denied as there is no evidence linking it to service or service-connected conditions.

The Board has determined that additional examinations are needed for the Veteran's spondylosis with spondylolisthesis and right lower extremity radiculopathy, as well as a remand for TDIU. The issues of service connection and TDIU are inextricably intertwined with the increased rating claim.

The Veteran's appeal for service connection of PTSD was dismissed. The Board granted the TDIU claim based on his service-connected disabilities.

The Veteran's service-connected back disability, radiculopathy, and PTSD preclude him from performing any type of employment due to his physical limitations and mental impairments.

The Veteran's ratings for degenerative disc disease of the thoracolumbar spine and radiculopathy of the right upper extremity have been restored to 20 percent effective May 8, 2015. The reduction in rating was found to be improper due to lack of improvement in function.

The Veteran's claim for a higher rating for his low back disability was granted, and an earlier effective date of October 15, 2013 for the award of a separate compensable rating for right lower extremity sciatica was also granted. The claims for increased ratings for left lower extremity sciatica and deviated nasal septum are still pending.

The Veteran's claim for service connection for left upper extremity radiculopathy was granted in May 2013 with an effective date of July 10, 2008. The Board found that the proper effective date is the date of receipt of claim or the date entitlement arose, whichever is later.

The Board denied earlier effective dates for service connection due to the Veteran's withdrawal of his claims and subsequent submission of new evidence.

The Veteran's depressive disorder is granted as service connected. The remaining issues of service connection for various other conditions are remanded.

The Veteran's appeal is remanded for further examination and evaluation due to the need for a new VA examination regarding his service-connected disabilities, specifically related to his lower extremities. The issues of eligibility for specially adapted housing or special home adaptation and special monthly compensation based on the need for regular aid and attendance are also being remanded.