Radiculopathy & sciatica decisions — 2019

The Veteran's thoracolumbar spine disc desiccation with posterior annular tears L4-5 and L5-S1 with intervertebral disc syndrome, radiculopathy of the right lower extremity, and right hip disability are all remanded for additional development.,The Veteran's service-connected scars, right foot due to sesamoid fracture, need further examination and consideration.

The Veteran's claims for higher ratings for lumbosacral strain and right lower extremity radiculopathy are being remanded due to the need for additional medical examination.

The Board has remanded the issues of service connection for back pain, radiculopathy (neuropathy) of the bilateral lower extremities, and secondary service connection for right and left lower extremity radiculopathy due to a possible in-service injury during parachuting.

The Board denied the Veteran's claim for special monthly compensation based on the need for regular aid and attendance of another person or being permanently housebound, finding that her service-connected disabilities do not result in the need for such assistance.

The Board has remanded the case due to inadequate examination report and outstanding VA treatment records. The Veteran's service-connected chronic lumbar spine muscle strain disability needs to be reassessed with an adequate VA examination.

The Veteran's service-connected disabilities, including lumbar spine disability, left lower radiculopathy, tinnitus, right lower radiculopathy, and bilateral hearing loss, precluded him from obtaining or maintaining any substantially gainful employment consistent with his education, background, and work history prior to May 15, 2015.

The Board has determined that the reduction of disability ratings for lumbar spondylosis and herniated disc, left lower extremity radiculopathy, and right lower extremity radiculopathy was improper. The appeal is granted in part as the original disability ratings are restored. Additionally, the claim for service connection for OSA has been denied due to lack of a current diagnosis.

The Board has remanded the Veteran's claims for cervical radiculopathy and bilateral carpal tunnel syndrome as they are inextricably intertwined with his claim for a bilateral foot disability. The underlying issue of service connection for the bilateral foot disability is pending.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include musculoskeletal and neurological conditions. The Board grants special monthly compensation based on the need for aid and attendance.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, as his combined disability rating is only 40 percent.

The Board has decided to remand the case due to the need for a more thorough examination and consideration of separate ratings for all neurological impairment of the lower extremities.

The Veteran's claim for service connection for back disorders is reopened, but the appeal remains remanded due to the need for a new VA examination and opinion regarding the etiology of his diagnosed conditions.

The Board has remanded the claims for an initial rating in excess of 30 percent from June 19, 2013 for post-concussive headaches associated with a TBI and for initial ratings in excess of 10 percent for radiculopathy of the left and right lower extremities. The Veteran is to undergo additional VA examinations to clarify his symptoms and their impact on work.

The Board has remanded the claims for effective dates prior to September 21, 2015 for service connection of radiculopathy of the left and right lower extremities, TDIU, and DEA. The issues are inextricably intertwined with those regarding increased evaluation of lower back strain.

The Veteran's service-connected disabilities require him to be in need of regular aid and attendance, as he needs assistance with activities of daily living such as preparing meals, managing his medications, attending to the wants of nature, keeping himself clean and presentable, and protecting himself from hazards.

The Veteran's back disability is rated at 40 percent, effective January 10, 2019.,The Veteran's right and left lower extremity radiculopathy are each rated at 20 percent, effective January 10, 2019.

The Veteran withdrew all issues on appeal, resulting in the dismissal of the case.

The Board has remanded the Veteran's claims for an initial rating higher than 20 percent for left lower extremity reflex sympathetic dystrophy/radiculopathy and a rating higher than 10 percent for surgical scar on the left 5th metatarsal due to the need for additional medical examinations.

The Board denied the Veteran's claims for service connection for various conditions, including cervical spine disability, left upper extremity radiculopathy, obstructive sleep apnea, memory loss claimed as secondary to TBI, and an acquired psychiatric disorder other than PTSD. The appeals were remanded for further action on some issues.

The Veteran's initial disability ratings for left and right lower extremity radiculopathy associated with DDD of the lumbar spine prior to September 10, 2012 are denied.