Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine disability is rated at 40 percent, and he also received a separate 10 percent rating for neurogenic bladder impairment. The TDIU determination was granted.

The Veteran's dizziness is related to his service-connected migraine headaches.,The Veteran does not have a diagnosed disability underlying his shortness of breath symptoms.,The Veteran’s hypertension is at least as likely as not related to his service in Vietnam and exposure to Agent Orange.,High cholesterol is considered a laboratory finding, not a disability for which service connection may be granted.,The Veteran does not have a diagnosed disability of bilateral radiculopathy.,The Veteran's left lower polyneuropathy most closely approximates severe partial paralysis, warranting a 30 percent rating.,The Veteran's right lower polyneuropathy has been categorized as most closely approximating severe partial paralysis, also warranting a 30 percent rating.,Diabetes mellitus is not manifested to a degree requiring regulation of activities.

The Board has denied service connection for right lower extremity radiculopathy and remanded the issues of depression, left lower extremity radiculopathy, cervical spine fusion with degenerative disc disorder (DDD), osteoarthritis of the thoracolumbar spine, and a left shoulder rotator cuff injury. The Veteran is also required to be examined for these conditions.

The reduction of the disability rating for right lower extremity radiculopathy from 10 percent to a noncompensable rating was not proper, and the 10 percent rating is restored.,The Veteran's claim for an increased rating for migraine headache condition remains pending. A new VA examination is needed to evaluate the severity of her service-connected headache condition.

The Veteran's back disability and bilateral lower extremity radiculopathy are currently rated at 40 percent, but the Board has determined that an increased rating is not warranted. A TDIU on an extraschedular basis was granted.

The Board has remanded the claims for increased rating for low back disability and entitlement to TDIU due to inextricably intertwined issues, including new evidence from a VA examination.

The Board has decided to remand the Veteran's claims for service connection and increased ratings due to conflicting opinions from VA examiners regarding his hearing loss, radiculopathy, and lumbosacral spine disability. Further examination is required.

A 10 percent rating is granted for the Veteran's right-hand disability, but no more. The appeal regarding service connection for a lumbar spine disorder, left leg disorder (including radiculopathy), left knee disorder, and left foot disorder remains pending.

The Veteran's TDIU claim is granted, and his evaluation for right knee chondromalacia patella is remanded due to new evidence received since the last decision.

The Veteran's claims for higher ratings and earlier effective dates related to his service-connected cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy are being remanded due to the need for further development.

The Veteran's PTSD is rated at 70 percent, but the Board finds that it does not meet the criteria for a higher rating due to occupational and social impairment with deficiencies in most areas.,The Veteran's right lower extremity radiculopathy is currently rated at 20 percent. The Board found no evidence of total occupational and social impairment.

The Board denied the Veteran's claims for increased ratings for spinal stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy. The Veteran was previously granted a 40 percent rating for his service-connected spinal stenosis of the lumbar spine with herniated and bulging disc and pinched nerves.

The Veteran's service-connected disabilities make it impossible for him to secure or follow a substantially gainful occupation.

The Board has remanded both issues due to the need for additional development and consideration of new evidence, including a change in disability ratings that may affect SMC eligibility.

The Veteran's service-connected degenerative disc disease of the lumbar spine and associated radiculopathy have been rated at 20 percent prior to September 17, 2015, and 40 percent therefrom. The Board finds that these ratings adequately reflect the severity of his disability.

The Board has granted service connection for lumbosacral degenerative disc disease with radiculopathy, cervical degenerative disc disease with radiculopathy, and gastroesophageal reflux disease (GERD). Prior to July 18, 2014, the Veteran's PTSD was rated as 70 percent disabling.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to outstanding VA and private treatment records, as well as the need for additional examinations. The claims of DEA benefits are also remanded.

Service connection for tinnitus is granted. The Veteran's low back residuals of soft tissue sarcoma are rated at 40 percent prior to December 10, 2015 and in excess of 40 percent thereafter. Bilateral hearing loss and radiculopathy of the right lower extremity do not warrant a compensable initial rating.

Your claims for service connection for lung cancer, carpal tunnel syndrome, and bilateral lower extremity radiculopathy are being remanded to the AOJ for further action.

The Board has remanded the claims for a rating in excess of 40 percent for a lumbar spine disability prior to May 6, 2014, and for ratings in excess of 10 percent for bilateral lower extremity radiculopathy. The TDIU claim is also being remanded.