Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities have prevented her from securing or following a substantially gainful occupation, and the Board has granted total disability rating based on individual unemployability.

The Board has granted service connection for the Veteran's residuals of herniated disk of the lumbar spine, including degenerative disk disease and lower left extremity radiculopathy, finding that these conditions are due to his in-service heavy lifting.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantial gainful employment, and the criteria for a total disability rating based on individual unemployability have not been met.

The Board has determined that the medical expenses incurred at Macon County General Hospital on July 21, 2012 were eligible for reimbursement due to the nature of the emergency and the unavailability of a VA facility.

The Board has determined that the Veteran is not entitled to an earlier effective date for the grant of service connection for radiculopathy of the right upper extremity. The case is being remanded for further development, including a new examination and obtaining additional medical records.

The Veteran's claims for increased ratings in excess of the current evaluations for his lumbar spine disability and associated radiculopathy are remanded due to a lack of recent VA examination and treatment records.

The Veteran's cervical spine condition and right upper extremity radiculopathy are granted service connection. The left upper extremity radiculopathy, back condition, and right knee conditions are remanded for further examination.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's neck disorders and whether they are related to service. The case will be returned for further development.

The Veteran's claims for residuals of a cold injury, right ankle disorder, left knee disorder, gastroesophageal reflux disease (GERD), and various spine disorders have all been denied. The Board found no evidence to support the Veteran's assertions regarding these conditions.

The Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, tinnitus, GERD, lumbar degenerative disc disease and small disc herniation, left and right lower extremity radiculopathy, erectile dysfunction, an acquired psychiatric disorder, and obstructive sleep apnea have been remanded due to the need for additional development. The Veteran's service connection claims are not supported by evidence of a current disability or a link between his in-service exposure and any diagnosed conditions.

The Veteran's claim for a higher rating for GERD prior to March 9, 2017 was granted. From March 9, 2017 onwards, the claim was denied as his symptoms did not meet the criteria for a 60% rating under Diagnostic Code 7346.

The Veteran's appeals for increased ratings for PTSD and TDIU are being remanded due to the need for additional evidence and examination.

The Veteran's lumbar stenosis and right lower extremity radiculopathy are rated at 40 percent effective September 11, 2017. The Board finds that a higher rating is warranted for these conditions.

The Board denied an earlier effective date for the grant of service connection for a lumbosacral strain (back disability) and dismissed the issue regarding the validity of a July 29, 2015 NOD with respect to bilateral lower extremity radiculopathy as secondary to the service-connected back disability.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted his claim for total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records.

The Board has decided to remand the cases of radiculopathy, left lower extremity; varicose veins, right lower extremity; and varicose veins, left lower extremity for further review.

The Veteran's initial 20 percent rating for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy from May 9, 2005 is granted.

The Board has remanded the cases due to incomplete Reserve service records, which are necessary to determine any additional periods of service including ACDUTRA and INACDUTRA.

The Board granted service connection for lumbar degenerative arthritis, lumbar stenosis and bilateral radiculopathy. The character of the Veteran’s discharge from March 10, 1948 to October 27, 1951 was determined to be honorable, thus not constituting a bar to VA benefits.