Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected intervertebral disc disorder and associated radiculopathy are being remanded for further evaluation due to the need for a new VA examination.

The Veteran's claim for a higher rating for his service-connected left shoulder condition was denied. The effective date of the grant of service connection for a left shoulder scar is September 21, 2015.,The Veteran's claim for an earlier effective date for his service-connected left lower extremity radiculopathy was also denied.

The Veteran's cervical radiculopathy of the right upper extremity is currently rated at 40 percent, effective May 16, 2013. The Veteran's cervical radiculopathy of the left upper extremity is granted with a rating of 20 percent prior to May 16, 2013 and 40 percent thereafter.

The Veteran's service-connected bilateral lower extremity diabetic neuropathy of the sciatic and femoral nerves resulted in effective loss of use of his feet, which qualifies him for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment.

The Veteran's left lower extremity radiculopathy is now rated at 60 percent, effective from May 23, 2017. The other conditions remain rated as they were prior to this decision.

The Board has remanded the case for further development, including obtaining a VA examination and considering extraschedular TDIU due to service-connected disabilities.

The Board denied the Veteran's claims for service connection for residuals of peritonitis and for increased ratings for thoracolumbar and cervical spine disabilities, as well as right upper and lower extremity radiculopathy due to lack of evidence of current disabilities.

The Board has granted service connection for the Veteran's claimed left ankle, right knee, left knee, left hip, right shoulder, left shoulder, thoracolumbar spine with radiculopathy, and cervical spine disabilities based on a finding of in-service onset and credible reports of chronicity.

The Veteran's claim for increased ratings and service connection was generally granted, with a specific rating of 20 percent for right lower extremity radiculopathy from June 6, 2019. Separate ratings were also granted for left lower extremity radiculopathy from March 19, 2013 to June 5, 2019 (10 percent), and from June 6, 2019 (20 percent). The Veteran's lumbar spine disability was rated as 40 percent disabling. Service connection for left knee and right knee disabilities were remanded.

The Board has granted service connection for lumbar spine disability, but the issues of service connection for uterine fibroid disability and stomach problems are being remanded due to insufficient evidence. The issue of service connection for anxiety disorder is also being remanded as it is inextricably intertwined with the other two issues.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, development of records, and consideration of all issues.

The Board denied the Veteran's claims for service connection for a chronic ear condition and lumbar radiculopathy, finding that there was no evidence of a chronic ear disability during service or in the first year after separation. The Board also found that the Veteran's lumbar radiculopathy was not caused or aggravated by his service-connected PTSD or diabetes mellitus.

The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment from August 8, 2009 to December 12, 2016.

The Veteran's claims for service connection have been reopened, and he is now entitled to a rating of 10 percent for his service-connected neck scar. His claims for left and right knee disorders, pseudofolliculitis barbae, and radiculopathy due to thoracolumbar disorder are all granted.

The Board has remanded the claims for service connection and special monthly compensation based on aid and attendance/housebound due to duty-to-assist errors. The Veteran needs VA examinations to clarify his diagnoses and their etiology.

The Board has denied the Veteran's claims for service connection for right and left lower extremity radiculopathy, as there is no evidence of a current disability. The claim for neurogenic bladder was remanded due to conflicting medical opinions.,The Board has also remanded the Veteran's claim for service connection for GERD, as there are conflicting medical opinions regarding its etiology.

The Board denied service connection for adhesive capsulitis of the left shoulder and degenerative disc disease (DDD) of the cervical spine with left upper extremity radiculopathy, finding that the preponderance of evidence did not support a causal relationship between these conditions and the Veteran's in-service injury or his service-connected brachial plexus neuropathy. The TDIU claim was also denied.

The Veteran's service connection claims for various conditions are denied. The Board found no evidence linking the claimed disabilities to his military service.

The Board has remanded the Veteran's claim for an examination and medical opinion to determine if he has a current or previously-diagnosed left arm disorder, including cervical radiculopathy, and whether it is related to his service-connected neck disorder.