Radiculopathy & sciatica decisions — 2019

The Veteran's TDIU and DEA benefits were granted effective March 21, 2015. The Board has determined that a remand is necessary for the left knee disability rating issue.

The Board has remanded several issues related to the Veteran's service-connected disabilities due to new evidence and a need for further examination.

The Board has denied the Veteran's claims for service connection for lumbar degenerative disc disease (DDD) with radiculopathy and spinal fusion, as well as left elbow condition. The case is remanded to obtain updated medical records and to provide a VA examination to determine the current severity of hypertension.

The Veteran's claims for higher initial ratings and earlier effective dates for service connection are being remanded due to the death of the Veteran.

The Veteran's service connection claims for a back disability and right leg radiculopathy were granted. The Board found that the Veteran had current disabilities, an in-service occurrence of injury or disease (back pain), and a nexus between his current disabilities and his military service.

The Board has determined that additional examinations and clarification are needed for the Veteran's claims of increased ratings for insomnia disorder, low back and radiculopathy disabilities, and TDIU. The claims are being remanded to allow for further evaluation.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine, an initial rating in excess of 10 percent for radiculopathy of the left and right lower extremities, and entitlement to TDIU from July 1, 2007 to May 10, 2010 due to difficulties contacting the Veteran for VA examinations.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's neck and back disorders, as well as their associated radiculopathies. The Veteran is required to provide additional records from Texas Back Institute and undergo a new VA examination.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent effective May 19, 2009. The Veteran's associated neurological disability (sciatic nerve radiculopathy) is rated at 20 percent for both his right and left sciatic nerves since January 19, 2017; 40 percent for the left sciatic nerve since June 16, 2017; and 30 percent for the left femoral nerve radiculopathy since November 9, 2018.

The Board has remanded the claims for a rating in excess of 10 percent for lumbar spine dextroscoliosis with instability and degenerative changes, an initial rating in excess of 20 percent for left lower extremity radiculopathy, and TDIU due to the need for additional evidence and examination.

Service connection for PTSD has been reopened and is granted.,Service connection for Traumatic Brain Injury was denied.,Initial increased ratings of 10% each were granted for Left Lower Extremity Radiculopathy prior to October 11, 2018, and Right Lower Extremity Radiculopathy prior to October 11, 2018.,The Veteran is not entitled to an initial compensable rating for Hemorrhoids.,Effective dates of November 1, 2011 were granted for service connection of Left Lower Extremity Radiculopathy and Right Lower Extremity Radiculopathy. The effective date for service connection of Hemorrhoids was denied.

The Veteran's claims for increased ratings and effective dates have been decided. The decision grants a separate evaluation of 10 percent for RUE ulnar radiculopathy beginning June 19, 2013, but denies all other issues raised in the appeal.

The Board has reopened the claim for service connection for a low back disability, but has remanded it due to the need for further examination and opinion regarding the etiology of the Veteran's current low back conditions.

The Veteran's appeal is remanded for further development, including obtaining a current examination and any outstanding relevant records. Specifically, the Veteran needs to be examined for his right lower extremity radiculopathy and TDIU.

The Veteran's combined total disability rating is 90 percent, meeting the criteria for TDIU due to his service-connected disabilities.

The Board has remanded the Veteran's claims for low back strain, femoral radiculopathy of the right lower extremity, and sciatic radiculopathy of the right lower extremity due to the need for additional examinations and development.

The Veteran's service-connected back disability is found to have caused or aggravated his bilateral lower extremity radiculopathy, thus granting service connection for the latter condition.

The Veteran's bilateral hearing loss, IBS, anxiety disorder, left and right lower extremity radiculopathy, left and right knee patellofemoral arthritis have all been granted service connection. The Veteran is also awarded separate ratings for his lower extremity and knee conditions.

The Board has determined that further development is necessary before a decision can be made regarding the Veteran's service-connected lumbar spine disability and associated radiculopathy of the right lower extremity, as his assertions indicate an increase in severity.

The Board has remanded the Veteran's claims for service connection due to insufficient information and need for additional development of her personnel records, including verification of ACDUTRA/INACDUTRA periods and obtaining all relevant personnel records. The claims will be reconsidered based on the new evidence.