Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine disability is rated at 40 percent from December 6, 2017 to August 30, 2018. The RO reduced the rating for his left lower extremity disability from 20 percent to zero percent effective July 1, 2017 and restored it to 20 percent thereafter. He is also granted TDIU.

The Board denied initial evaluations in excess of 10 percent for right and left lower extremity radiculopathy, finding that the Veteran's symptoms were mild with only sensory symptoms.

The Board has decided to remand the cases for additional development due to duty-to-assist errors in obtaining medical opinions related to the Veteran's claimed conditions.

The Board has ordered remand for further development due to incomplete VA examinations and outstanding records. The claims of increased ratings for lower back disability, left sciatica, and TDIU prior to May 10, 2008 are being returned to the RO for additional development.

The Board denied service connection for a low back disability, finding that the current condition is not related to service.,Service connection was also denied for left lower leg radiculopathy as secondary to a service-connected disability due to lack of evidence linking it to service or a pre-existing condition.,Tinnitus was granted service connection based on in-service noise exposure.

The Board has determined that the Veteran's cervical spine disorder and radiculopathy of the right lower extremity should be remanded for further development as there are conflicting medical opinions regarding their etiology.

The Veteran's claims of service connection for chronic cervical sprain, cervicogenic headaches, lumbar sprain with intervertebral disc syndrome (IVDS), right lower leg sciatic radulopathy, and PTSD were denied earlier than the dates they were received.,An effective date earlier than August 25, 2008, was not granted for any of these conditions.

The Board has remanded the cases for additional development to determine if the Veteran's low back condition, bilateral foot condition, and bilateral leg condition with sciatica are related to service.

The Board granted service connection for a cervical spine disability and granted increased ratings for residuals of a fracture to the right olecranon, impairment of supination and/or pronation of the right forearm, L1 compression fracture with degenerative arthritis of the lumbar spine, left lower extremity radiculopathy of sciatic nerve, and right lower extremity radiculopathy of sciatic nerve. The Board also remanded for further development on service connection for dental or mouth injuries due to trauma.

The Veteran's gout of the left ankle and bilateral feet, as well as his radiculopathy of the left and right lower extremities, are being remanded for further evaluation due to recent worsening symptoms.

The Veteran's radiculopathy of the left lower extremity is granted at a 20 percent rating from August 12, 2014 to March 6, 2017. The right lower extremity radiculopathy remains at a 10 percent rating prior to March 7, 2017 and the lumbar spine disability is granted at a 40 percent rating from June 15, 2015.

The Veteran's low back strain, left and right lower extremity radiculopathy, and fracture of the right great toe have been granted increased ratings. The Veteran's hemorrhoids remain noncompensable. Service connection for hip disabilities remains pending.

A rating of 40 percent for right lower extremity radiculopathy is granted, effective June 12, 2013.,Effective dates are granted for left and right lower extremity radiculopathy, both associated with degenerative disc disease and intervertebral disc syndrome of the lumbar spine status post L4-L5 diskectomy.

The Board denied service connection for a left wrist disorder, right wrist disorder, residuals of TBI, and lumbar radiculopathy of the left lower extremity. The Veteran was granted service connection for migraine headaches and peripheral vestibular disorder (claimed as vertigo).,Service connection was not established for any of the conditions due to lack of current disability evidence.

The Veteran's claim for service connection for a left shoulder disorder has been reopened. The Board found that the evidence received since the last final denial is sufficient to reopen the claim, but did not reach a decision on whether service connection should be granted due to the remanded nature of the case.

The Veteran's service-connected lumbar stenosis and bilateral sciatic radiculopathy prevent him from obtaining and maintaining substantially gainful employment, leading to a total disability rating based on individual unemployability prior to July 25, 1978.

The Board has remanded the TDIU claim due to insufficient opinions regarding workplace limitations and functional impairment of service-connected conditions since 2008.

The Veteran's death was caused by a motor vehicle accident, and the appellant contends that his service-connected seizure disorder contributed to the accident. The Board has remanded for an addendum opinion from a VA physician regarding the etiology of the Veteran’s cause of death.

The Board has remanded the case for further development and consideration of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The Veteran's claim is also being considered for an increased initial disability rating for right lower extremity radiculopathy.

The Veteran's claims for clothing allowances for sensory aids and a back brace used for service-connected disabilities were denied as there was no evidence of wear and tear on the clothing.