Radiculopathy & sciatica decisions — 2019

The Board has remanded the Veteran's claims for service connection due to issues not being addressed in the May 2013 rating decision, including right and left foot disabilities and lower extremity radiculopathies. The Veteran's representative argues that these issues should have been adjudicated as part of his appeal.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities. The Veteran is denied a higher rating for tinnitus and hearing loss, but TDIU from April 1, 2011 to April 12, 2012 is granted.

Effective dates of August 21, 2013 have been granted for the service connection of radiculopathy in both lower extremities.

The Board has granted service connection for cervical radiculopathy in the right and left upper extremities, as well as lumbar radiculopathy in the right lower extremity, all secondary to the Veteran's service-connected cervical spondylosis and lumbar spondylosis. Service connection for asymptomatic coronary artery disease was denied.

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

The Board dismissed the appeals for increased ratings and service connection due to the appellant's authorized representative requesting withdrawals of all claims.

The Board dismissed the Veteran's appeals for increased ratings related to PTSD, radiculopathy of both upper extremities, meralgia paresthetica of both lower extremities, and bilateral knee osteoarthritis. The issues were withdrawn by the Veteran.

The Veteran's service-connected coccidioidomycosis and left chest scars do not render him unable to care for his daily needs without the regular aid and attendance of another person. The Board finds that he is in need of aid and attendance due to nonservice-connected conditions, including amyloidosis.

The Board has remanded the Veteran's claims for initial ratings and TDIU due to insufficient evidence regarding his current disability levels. The VA will provide new examinations to assess his lumbar spine disability with bilateral lower extremity radiculopathy, and adjudicate the issue of entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims for service connection due to outstanding military personnel records and inpatient hospital records from Frankfurt, Germany. The Veteran's STRs have been obtained, but there is no record of any inpatient hospitalization or investigation into an August 1976 motor vehicle accident.

The Veteran's claims for an increased rating for his right hand strain and TDIU are remanded due to the need for additional medical examination to differentiate symptoms related to service-connected disabilities from those of non-service-connected conditions.

The Veteran's NODs regarding lumbar strain, tinea versicolor, and radiculopathy were granted. The Veteran's hysterectomy, breast reduction, bilateral carpal tunnel release, and right-hand burn scars are rated at a combined 40 percent.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and thus denied his claim for TDIU.

The Board has remanded the Veteran's case for further development, including scheduling a VA examination and obtaining additional records. The right ankle impairment claim is being addressed separately.

The Board has granted an increased rating of 40 percent for the Veteran's back disability as of August 3, 2019. The other issues were denied or not addressed due to jurisdictional reasons.

The Veteran's radiculopathy of the left lower extremity is remanded for further evaluation and consideration.

The Veteran's initial disability ratings for right and left lower extremity small fiber neuropathy and radiculopathy remain at 20 percent, as the symptoms do not meet or approximate the criteria for a higher rating.

The Board has determined that the Veteran's current low back conditions, right and left leg sciatica are not service connected as they did not begin during his active service or are otherwise etiologically related to an in-service injury, event, or disease.

The Veteran's radiculopathy of the right upper extremity (associated with IVDS with arthritis of the cervical spine) is granted an effective date of January 28, 2016. The Veteran's service connection for sleep apnea and earlier effective dates for radiculopathy of the left upper extremity, urinary incontinence, and bowel incontinence are denied.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and degenerative joint disease status post laminectomy and discectomy L4-L5 with lumbar radiculopathy of the left lower extremity, is etiologically related to symptoms noted during service. As a result, the claim for service connection has been granted.