Radiculopathy & sciatica decisions — 2019

The Veteran's back disability is granted service connection, but the issues of sciatica in both lower extremities are remanded for further development.

The Veteran's claims for an earlier effective date for cervical stenosis, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity were denied. The Veteran was also denied an earlier effective date for a total rating based on individual unemployability (TDIU) due to service-connected disabilities, as well as an earlier effective date for Dependents' Education Assistance (DEA) benefits.

The Veteran's 100% disability rating for PTSD was restored from March 1, 2016. The appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been rendered moot.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the appeal.

The Veteran's lumbar spine IVDS and left lower extremity radiculopathy, sciatic nerve, are granted ratings of 40 percent each. The right lower extremity radiculopathy is granted a rating of 20 percent. TDIU is also granted.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected lumbar spine disability and lower extremity radiculopathy.

The Veteran's appeal is being remanded due to the need for updated VA treatment records and examinations to assess the current severity of his service-connected GERD and left lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection and increased ratings due to his failure to report for VA examinations. The claims are being returned for further development, including scheduling new examinations and obtaining medical records.

The Veteran's service-connected thoracolumbar strain is not found to be the cause of her degenerative arthritis of the lumbar spine and sciatica.,The Veteran's loss of teeth and residuals of dental treatment are not considered a compensable disability for VA compensation purposes.

The Board has decided that additional evidence was added to the claims file after the last decision, and as the Veteran did not waive consideration of this new evidence in his first instance. Therefore, a remand is necessary for further action.

The Veteran's sciatic nerve disability of the right lower extremity was reduced from 20 percent to 0 percent, but this reduction is now restored.

The Board has remanded the Veteran's claims for service connection and increased evaluations due to incomplete records, including a lack of sleep study documentation. The Veteran is also seeking earlier effective dates for his radiculopathy disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for hypertension is denied. The claims for separate ratings for right and left lower extremity radiculopathy prior to November 9, 2012 are also denied. An initial 30 percent rating, but not higher, for adjustment disorder with depressed mood is granted.

The Board has determined that additional development is needed before the claims can be adjudicated, including obtaining updated VA Form 21-8940 from the Veteran and scheduling him for a VA examination to assess his service-connected lumbar spine disability and lower extremity sciatica. The TDIU claim is also inextricably intertwined with the increased rating claims.

The Veteran's right wrist disability is rated at 10 percent, and the Board denied a higher rating. The Veteran was granted TDIU based on his service-connected disabilities.

The Veteran's claim for attorney’s fees related to past-due benefits from March 1993 to September 2011 was denied as the Veteran did not have a service-connected disability or combination of disabilities rated at least 50% disabling, and therefore could not receive concurrent VA compensation and military retirement pay.

The Veteran's depressive disorder is granted as secondary to his service-connected cervical and lumbar spine degenerative arthritis, along with right and left upper extremity radiculopathy. High cholesterol or hyperlipidemia is denied due to it being a mere laboratory finding. Service connection for hypertension and residuals of stroke are also granted, but the Veteran's request for an earlier effective date for these grants remains pending.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on need for regular aid and attendance prior to January 12, 2010 due to insufficient evidence showing that his service-connected disabilities rendered him helpless enough to require regular aid and attendance.

The Veteran's left and right lower extremity radiculopathy and peripheral neuropathy have been granted ratings of 40 percent since January 30, 2015.

The Veteran's claims for increased ratings for his service-connected disabilities are being remanded due to the need for additional examinations and consideration of whether extraschedular considerations should be applied.