Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine disability is granted at a 40 percent evaluation prior to May 14, 2016. From May 14, 2016 onwards, the rating for his lumbar spine disability is denied as it does not meet the criteria for an evaluation in excess of 20 percent.

The Veteran is granted SMC based on the need for aid and attendance due to service-connected PTSD, hyperhidrosis, chronic pain, radiculopathy, spondylosis, and morbid obesity. The issue of entitlement to SMC at the housebound rate under U.S.C. § 1114(s) is dismissed as moot.

The Veteran's service connection claims for cervical spine arthritis and radiculopathy in the upper extremities are being remanded due to unclear overlap with his existing service-connected conditions. A VA examination is needed to clarify the nature of these disabilities and their relationship to service.

The Veteran's Chiari malformation and related conditions are remanded due to conflicting evidence regarding the diagnosis and etiology of her condition.,The Veteran's migraines, right foot condition, and other secondary service connection claims are also remanded for additional development.

The application to reopen the claim of service connection for a left hip disorder is denied.,An earlier effective date for the grant of service connection for right lower extremity (RLE) radiculopathy is denied.,An earlier effective date for the grant of service connection for left lower extremity (LLE) radiculopathy is denied.,An earlier effective date for the grant of service connection for a lumbar spine disability is denied.,A rating in excess of 10 percent for RLE radiculopathy is denied.,A rating in excess of 20 percent for LLE radiculopathy is denied.,A rating in excess of 40 percent for degenerative disc disease (DDD) with status/post diskectomy is denied.,Service connection for an acquired psychiatric disorder is granted.,Service connection for a headache disorder is granted.,Service connection for a sleep disorder is denied.,Service connection for tinnitus is denied.,Service connection for a right hip disorder is denied.

The Board has determined that the Veteran does not have a right ankle disability related to his military service and has denied service connection for this condition. The claims for left shoulder sprain, left ankle sprain, low back disability, sciatic pain, and bilateral hearing loss are remanded for further development.

The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for lumbar discogenic disease, degenerative disc disease (DDD), radiculopathy, sciatic nerve, right lower extremity, and radiculopathy, left lower extremity. The Veteran should be provided an opportunity for a VA examination to assess the current severity and manifestations of his service-connected lumbar spine disability and associated radiculopathies.

The Veteran's claim for an increased rating for her service-connected lumbosacral spine disability is remanded due to the need for a new VA examination and additional medical records.

The Veteran is granted a disability evaluation of 40 percent for his low back disability beginning on September 18, 2019.,The Veteran is also granted a disability evaluation of 40 percent for radiculopathy of the right and left lower extremities.

The Board has granted service connection for tinea pedis. The Veteran's claims for a lumbar spine disorder, radiculopathy of the bilateral lower extremities, and migraines are remanded due to incomplete development.

The Veteran's appeals for increased ratings for left lower extremity radiculopathy and disfiguring scars, residuals of back surgery have been dismissed as the Veteran withdrew his appeal.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral spine, herniated disc was denied as the evidence did not show forward flexion to 30 degrees or less nor unfavorable ankylosis.,The Veteran's claim for a rating in excess of 20 percent for right lower extremity radiculopathy was denied as the evidence did not support moderately severe incomplete paralysis.

The Veteran's 40 percent rating for lumbosacral strain is restored.,The Veteran is granted TDIU prior to August 19, 2015.

The Board has denied the Veteran's claims for increased ratings for hypertension, lumbar spine disability, and bilateral lower extremity radiculopathy. The cases are being remanded due to inadequate examinations.

The Veteran's left and right upper extremity radiculopathy are each rated at 20 percent, while his restless leg syndrome is rated at 30 percent. These ratings have been granted.

The Veteran's service-connected left and right lower extremity radiculopathy have been rated at 10 percent since February 13, 2018.,No higher ratings are warranted for these conditions.

The Board has granted service connection for tinnitus and denied service connection for lumbar spine strain and bilateral lower extremity radiculopathy.

The Veteran's claims for increased ratings and earlier effective dates for service connection for sciatica of the left and right lower extremities have been denied.,A 10 percent rating has been granted for bilateral hearing loss since September 23, 2016.

The Board has remanded the case for further development, including obtaining additional medical records and providing a VA examination to address whether the Veteran's depression is secondary to his service-connected duodenal ulcer.

The Board has determined that the Veteran’s service-connected disabilities contributed to his death, and thus granted service connection for the cause of the Veteran's death.