Radiculopathy & sciatica decisions — 2019

The Veteran's myofascial lumbar syndrome was granted a rating of 20 percent effective October 8, 2018. His lower right extremity radiculopathy was also granted a rating of 20 percent effective October 8, 2018.

The Veteran's claim for an earlier effective date for partial transvaginal hysterectomy without oophorectomy was denied.,An increased rating of 100 percent for major depressive disorder and panic disorder without agoraphobia is granted, subject to controlling regulations governing the payment of monetary awards.,The Veteran's claim for an increased (compensable) rating for hypertension was denied.,The Veteran's claim for a higher initial rating for migraines was denied.,SMC pursuant to 38 U.S.C. § 1114(s) is granted, subject to controlling regulations governing the payment of monetary awards.,Higher initial ratings for right and left lower extremity radiculopathy are remanded.,The Veteran's claim for an increased (compensable) rating for gastroesophageal reflux disease (GERD) and hiatal hernia is remanded.,SMC pursuant to 38 U.S.C. § 1114(s) prior to June 23, 2014 is remanded.,A TDIU due to service-connected disabilities from August 1, 2013 through June 22, 2014 is granted.

The Board has granted an effective date of May 1, 2012 for the award of service connection for sciatica of the left lower extremity. The Veteran's symptoms were present prior to this date but did not meet the criteria for a separate rating until February 26, 2014.

The Veteran's increased rating claim for L4-L5 degenerative disc disease and right sciatica and decreased sensory neuropathy in the L4-L5 region was granted, with a disability rating of 20 percent. The effective date is not specified.

The Veteran's claims of service connection for a right club foot, back disorder, and sciatica have been reopened. The Board has ordered further development due to the need for additional medical examination.

The Veteran's claims for increased ratings on multiple disabilities are being remanded due to the need for additional VA and private treatment records.

The Veteran's service-connected disabilities do not render him unable to maintain substantially gainful employment, and his TDIU claim is denied.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further evaluation of his cervical spine, thoracolumbar spine, upper extremity radiculopathy, and lower extremity radiculopathy.

The Board has denied service connection for the Veteran's claimed bilateral foot conditions, as well as his claims for left and right lower extremity conditions. The case is being remanded to obtain a VA examination to address the etiology of the Veteran’s bilateral lower extremity neuropathy.

The Board has determined that additional development is necessary before the claims can be adjudicated on the merits. The Veteran's service connection and increased evaluation claims are remanded for further action.

The Veteran's claims for service connection for left lower extremity radiculopathy and diverticulosis were denied, with effective dates set at October 20, 2010.

The Board has remanded several issues related to the Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy, including a reduction in rating and increased ratings. The appeal is also remanded for further examination and consideration of TDIU.

The Board has determined that additional development is necessary before the merits of the Veteran’s claims for left shoulder disability and hypertension can be addressed.

The Board has determined that the Veteran's cervical spine disability, which includes a fusion with IVDS and radiculopathy, is related to his active service. As such, the claim for service connection is granted.

The Veteran's service-connected diffuse lumbar spondylosis and multi-level disc protrusion at L3-L4 are not manifested by unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of IVDS with a total duration of at least six weeks during a 12-month period, so his rating remains at 40 percent.,The Veteran's radiculopathy of the left lower extremity was previously rated at 10 percent prior to February 16, 2016. Since that date, he is now rated at 20 percent for this condition.

The Veteran's appeal is remanded due to the need for further evaluation regarding his entitlement to higher levels of SMC and a rating increase for his residual left knee injury. The Board found that he does not meet the legal criteria for SMC under 38 U.S.C. § 1114(o) based on the lack of anatomical loss or use in his feet, hands, or eyes.

The Veteran's service connection claims for sleep apnea, left carpal tunnel syndrome, right forearm and hand neuropathy, bilateral hearing loss, thoracolumbar spine disability, and left lower extremity sciatic nerve disability are being remanded due to the need for additional examinations.

The Board has remanded several claims due to the need for additional verification of service records, particularly those related to Army Reserve and National Guard service.

The Veteran's service-connected disabilities have worsened, and additional evidence is needed to determine if he requires aid and attendance or housebound status.

The Board has granted service connection for a back disability of degenerative disc disease (DDD) and right lower extremity radiculopathy as secondary to the now service-connected back disability. The appeal is dismissed for the neck disability, hearing loss, and tinnitus.