Radiculopathy & sciatica decisions — 2019

The Veteran's claims for service connection and increased ratings have been dismissed due to his death.

The Board has determined that additional development is needed for the Veteran's claims of service connection and TDIU due to missing VA examination reports and lack of consideration of lay statements regarding symptom onset.

The Board has determined that additional development is needed for the claims of service connection and compensation under 38 U.S.C. § 1151 due to radiation exposure, as well as other disabilities.

The Veteran's claims for service connection and initial ratings for various conditions have been denied. The appeals are not granted.

The Veteran's service-connected disabilities, particularly her low back disability and right lower extremity radiculopathy, render her unable to secure or follow substantial gainful employment. She is granted a TDIU effective February 13, 2015, and eligibility for specially adapted housing. The appeal seeking a special home adaptation grant is dismissed as moot.

The Board has denied an initial disability rating in excess of 40 percent for service-connected DDD/DJD of the lumbar spine and remanded the claim for a separate evaluation of right lower extremity radiculopathy.

The Veteran's claim for left ear hearing loss is denied as he does not have a current disability.,The Veteran's claims for right ankle, back, left foot, and right foot disabilities are all denied as they do not meet the criteria for service connection.

The Veteran's service-connected disabilities are of such severity to preclude him from securing and following substantially gainful employment consistent with his education and experience as of May 23, 2017.

The Veteran's claims for service connection have been granted, with the exception of right foot drop. The rating for residuals of transverse process fractures at T-12, L1, L3, and L4, with herniated nucleus pulposus at L5-S1, has been increased to 60 percent from December 1, 2014.

The Veteran's radiculopathy of the bilateral lower extremities is granted, with service connection secondary to his service-connected lumbosacral degenerative disc disease.,An initial disability rating of 50 percent for migraine headaches is granted.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment, warranting a TDIU. The right lower extremity radiculopathy and degenerative disc disease of the lumbar spine claims are remanded for further development.

The Veteran's left lower extremity radiculopathy is rated at 20 percent from March 7, 2013 to July 26, 2014. A higher rating for this condition is not warranted. The right lower extremity radiculopathy remains rated at 10 percent.

The Veteran's initial ratings for right and left lower extremity radiculopathy prior to May 31, 2017 were denied.,For the period beginning May 31, 2017, the Veteran's increased ratings for right and left lower extremity radiculopathy were also denied.

The case is being remanded for further development to address the Veteran's back and left shoulder disabilities, as well as his claims for higher ratings and TDIU. The Veteran will be provided with another VA examination to assess the current nature and severity of his service-connected disabilities.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including VA treatment records and private medical records. The appeals are therefore being remanded for further development.

The Veteran's claims for increased ratings for multilevel lumbar spondylosis with herniated disc at L4-L5 and left lumbar radiculopathy are being remanded due to the need for additional examination.

The Veteran's claim for service connection for a right ankle disability has been denied as there is no evidence of an in-service injury or disease, and the condition does not meet the criteria for direct service connection.,Service connection for right lower extremity sciatica prior to March 14, 2016, has also been denied. The Veteran's claim was remanded multiple times but did not provide sufficient evidence of a pre-existing condition or an in-service injury that led to his current symptoms.

The Board determined that the March 2010 rating decision, which assigned a 10 percent initial rating for myofascial lumbar syndrome with right leg radiculopathy, did not contain clear and unmistakable error. The Veteran's service-connected onychomycosis was granted, but his service-connected thyroid condition and hypertension were denied.

The Veteran's back disability has been granted a 20% rating, effective as of the date of this decision.,A separate compensable rating for right lower extremity radiculopathy prior to October 6, 2017 is denied. A higher than 10% rating thereafter is also denied.,Service connection for hemorrhoids has been remanded and a VA medical opinion is needed.

The Veteran's service-connected disabilities prior to May 14, 2010 did not preclude him from all forms of gainful employment.