Radiculopathy & sciatica decisions — 2019

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing or following substantially gainful employment.

The Veteran's claims for bilateral hearing loss, tinnitus, thoracolumbar spine condition, left ankle condition, right ankle condition, left leg radiculopathy, and right leg radiculopathy have all been denied.,There is no evidence of a chronic disease in service or within the applicable presumptive period, nor was there continuity of symptomatology since service.

The Board has remanded the claims for a higher initial rating for lumbar spine disability and right lower extremity radiculopathy due to new evidence submitted by the Veteran.

The claim to reopen service connection for various conditions is granted. The claims for service connection are remanded due to the need for additional evidence and potential VA examinations.

The Board has denied service connection for a shoulder muscle condition and radiculopathy of the left lower extremity. The Veteran's claims for tinnitus, low back disability (including spinal defect), throat cancer, and bladder cancer are being remanded for further development.,Service connection is not granted for any of the conditions listed above due to lack of current diagnoses.

The Veteran's claim for an increased rating for his low back disability was denied, and the Board remanded it. The effective date of the 20% rating is October 22, 2015.,The Veteran's service connection for left wrist tendonitis and a genitourinary condition (claimed as urinary frequency) secondary to lumbosacral strain with intervertebral disc syndrome was remanded.

The Veteran's appeals seeking increased ratings from September 29, 2015 to the present for his cervical spine and bilateral upper extremity radiculopathy disabilities have been withdrawn.,The Veteran's claim giving rise to the grants of service connection for bilateral upper extremity radiculopathies was received in July 2011; entitlement was established during a September 2015 VA examination.,The Veteran’s neck claim was received in July 2011; it is not factually ascertainable that the Veteran met the criteria for a 20 percent rating for his neck disability prior to September 29, 2015.

The Veteran's lumbar spine disability is rated at 40 percent prior to June 25, 2014 and from June 25, 2014. The left lower extremity radiculopathy is rated at 20 percent. The left knee patella tendon tear and instability are both rated at 20 percent. The right Achilles tendonitis is rated at 20 percent. The bilateral pes planus is rated at 30 percent prior to June 25, 2014 and from that date.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed disabilities. The issues include low back disability, bilateral radiculopathy, left hip disability, right hip disability, and sleep apnea.

The Board has found that not all of the prior remand directives have been accomplished and has therefore ordered the case to be returned for compliance with the Board's previous instructions.

The Veteran's claims for service connection for PTSD prior to April 2018, increased ratings for intervertebral disc syndrome with degenerative disease of the lumbar spine and radiculopathy of both lower extremities, and TDIU prior to April 2018 are all denied.

The Veteran's heart disability is not shown, and service connection is denied. The issues of service connection for enteritis, gastroenteritis, GERD, acne vulgaris, dermatitis, an eye disability, cystitis, sleeping problems (including insomnia and anxiety), and allergic rhinitis are remanded due to the need for further examination and review.,The Veteran's left and right lower extremity sciatic radiculopathies are not shown to be more than mild in severity, so a rating in excess of 10 percent is denied. The issue of service connection for left lower extremity femoral radiculopathy with restless leg syndrome, secondary to service-connected lumbar spine and knee disabilities, is intertwined with the increased rating claim for lumbar spine disability.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED for further examination and opinion regarding the Veteran's migraine headaches, back disability, sciatica, and chronic fatigue syndrome.

The Veteran's right lower extremity radiculopathy is rated at 40 percent since February 20, 2015. The issue of service connection for sleep apnea is remanded due to inadequate opinions in the June 2019 VA examination.

The Veteran's claims for service connection have been reopened, but further development is needed as the VA has not yet examined him to determine the nature and etiology of his claimed conditions.

The Board has determined that there are outstanding medical records relevant to the Veteran's claims and has ordered their retrieval. The Veteran is also asked to provide information about any additional private treatment records from his workman’s compensation claim.

The Veteran's lumbar spine DDD and bilateral lower extremity radiculopathy are granted as service-connected.,Service connection is established for the Veteran's bilateral lower extremity radiculopathy due to his diagnosed lumbar spine DDD.

The Board has determined that the reduction in ratings for radiculopathy of the upper extremities was improper and has restored the original ratings. The Veteran's claims for service connection for diabetic peripheral neuropathy and TDIU are remanded.

The Veteran's low back disability is rated at a 10 percent rating prior to October 22, 2012 and at a 40 percent rating from October 22, 2012. The right and left lower extremity radiculopathy are both rated at 10 percent.,The Veteran's TDIU claim is remanded as it is inextricably intertwined with the ratings for his radiculopathy claims.

The Board has granted a higher disability rating of 20 percent for the Veteran's service-connected right lower extremity radiculopathy, effective from December 30, 2016.