Radiculopathy & sciatica decisions — 2019

The Veteran's claims for service connection and effective dates are being remanded due to the need for additional development.,PTSD is not yet manifested by occupational and social impairment with deficiencies in most areas.

The Board has denied the Veteran's claims for service connection for a back disability, sciatica, and respiratory disabilities (COPD and emphysema), as well as a ruptured spleen. The claims are being remanded to obtain additional medical opinions.,Service connection is not granted for any of these conditions due to lack of evidence linking them to service or service-connected disabilities.

The Board denied a TDIU rating prior to April 26, 2013 due to the Veteran's service-connected back disability and left leg sciatica not preventing him from obtaining substantially gainful employment.

The Board has remanded four issues: increased ratings for trapezius muscle injury and left upper extremity radiculopathy, service connection for bilateral hearing loss, and service connection for arthritis of the left shoulder. The Veteran is to be scheduled for VA examinations to assess the current severity of his disabilities and their etiology.

The Board denied earlier effective dates for service connection claims due to the appellant not having qualifying service prior to an August 2016 administrative decision.,The July 1965 rating decision is considered final as it was based on incomplete records, and new relevant post-service medical records received in August 2015 do not change this.

The Veteran's claim for an increased rating for her low back degenerative joint disease prior to August 22, 2017 was denied.,The Veteran's claim for TDIU prior to April 29, 2017 was also denied.

The Veteran's left lower extremity radiculopathy and lumbar spine degenerative disc disease are granted as service-connected.

The Board has decided to remand the Veteran's claims for service connection for chronic low back pain, left lower extremity radiculopathy, and right lower extremity radiculopathy due to missing service treatment records. The Veteran is required to undergo VA examinations to determine if his current disabilities are related to his in-service injury.

The Veteran's right lower extremity sciatic radiculopathy is rated at 40 percent, but no higher. The Veteran's degenerative disc disease is not rated in excess of the currently assigned 10 percent.

The Veteran's bilateral hearing loss is currently rated at 50 percent from June 3, 2017. The ratings for right and left side sciatica neuritis are denied as they do not meet the criteria for a higher rating.

The Veteran's claims for an earlier effective date for depressive disorder and service connection for right lower extremity radiculopathy are denied. The claim of service connection for left foot disability is remanded due to the need for additional examination and records.

The Veteran is granted a TDIU since October 29, 2018, but the claim for TDIU prior to that date is denied. The decision also denies entitlement to a TDIU prior to October 29, 2018.

The Board has remanded the claims for service connection due to pending medical examinations. The Veteran's active duty service is from June 1969 to February 1985.

The Veteran's radiculopathy of the left lower extremity was rated as 10 percent prior to May 23, 2016 and granted a rating of 40 percent on and after that date.,For his marked chronic lumbar myositis, the Veteran is not entitled to an initial rating in excess of 20 percent. For his degenerative joint disease of the left knee, he is not entitled to an initial rating in excess of 10 percent prior to March 17, 2016 and as 20 percent on and after that date. His right knee disability was also remanded for further examination.,The Veteran's radiculopathy of the left lower extremity is rated based on incomplete paralysis of the sciatic nerve. The Veteran has been granted a higher rating, but his lumbar myositis and knee disabilities remain at their current ratings.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's radiculopathy of the right lower extremity secondary to his lumbar spine disorder is currently rated at 10 percent. The Board also finds that a higher rating is not warranted.

The Veteran's claim for service connection for obstructive sleep apnea was denied. The Board found that the evidence did not support a finding of in-service onset or association with military service.,For radiculopathy, an increased rating to 40% was granted effective December 30, 2016, but no earlier.

The Veteran's TDIU claim is remanded for consideration of whether entitlement to an extra-schedular TDIU is warranted.

The Veteran's appeal for a higher initial rating for left lower extremity radiculopathy involving the sciatic nerve was dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has granted service connection for degenerative arthritis of the cervical spine, lumbar stenosis with radiculopathy, and bilateral hearing loss. The conditions are deemed to have had their onset during service.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation under 38 U.S.C. § 1114(s) as he does not have a single 100% disability and is not permanently confined to his immediate premises due to his service-connected conditions.