Radiculopathy & sciatica decisions — 2019

The Veteran's claim for service connection for sleep apnea is granted. The Board also remanded the issue of an evaluation in excess of 20 percent for radiculopathy of the right upper extremity.

The Veteran's claim for a 30 percent rating for left upper extremity radiculopathy is granted with an effective date of May 3, 2016.

The Veteran's claim for service connection for spinal stenosis and left sided L5-S1 hemilaminectomy and discectomy is denied as the evidence does not support a finding that his current condition began during active service or is otherwise related to an in-service injury or disease.,The Veteran's claim for service connection for neuritis of the sciatic nerve, radiculopathy of the left lower extremity (secondary to spinal stenosis and L5-S1 hemilaminectomy and discectomy) is denied as there is no evidence that his current condition is related to a service-connected disability.

The Veteran's appeal for higher ratings for his service-connected lumbar spinal stenosis and associated conditions is remanded due to the need for additional VA examinations.

The Board has remanded the claims for service connection for lumbar spine disability, radiculopathy of the left lower extremity, and meningitis due to a lack of sufficient rationale in the VA opinions provided. The Veteran is requested to provide any outstanding VA treatment records from specific dates and undergoes a VA examination to determine if his conditions are related to service.

The Board has reopened the Veteran's claims for service connection for a low back disorder and left leg radiculopathy due to new and material evidence. However, further development is needed as VA examinations are required to determine the nature and etiology of these conditions.

The Veteran's claim for a rating in excess of 60 percent for residuals of lumbar laminectomy prior to December 5, 2014 and from April 1, 2015 was denied. The Board found that the preponderance of evidence did not support a higher rating under the General Rating Formula. For TDIU claim, the Veteran's combined disability rating is at least 70 percent, meeting the threshold requirements for an award of TDIU. The Board granted TDIU based on the Veteran's service-connected disabilities significantly limiting his ability to secure or maintain substantially gainful employment.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as his combination of migraines, lumbosacral disc bulge, left lower extremity radiculopathy secondary to the lumbar spine, and depressive disorder makes him unable to secure or follow gainful employment.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's scoliosis is congenital or acquired, and if acquired, whether it was aggravated by service. The VA must obtain an expert opinion from a spine surgeon to address these issues.

The Veteran's service-connected degenerative joint disease of the lumbar spine and right lower extremity radiculopathy have been rated at 10% and 20%, respectively, for the entire appeal period. The appeals for higher ratings are denied.

The Board has remanded several issues related to the Veteran's peripheral neuritis and diabetes mellitus, including evaluations for different conditions and time periods. The AOJ is instructed to obtain additional medical records and provide an opportunity for a Supplemental Statement of the Case if necessary.

The Veteran's radiculopathy of the right lower extremity is rated at 40 percent from August 5, 2016. His hypertension remains noncompensable.

The Veteran withdrew his appeal regarding the issue of entitlement to an initial increased rating for right leg radiculopathy before a decision was made.

The Veteran's claim for an increased evaluation in excess of 20 percent for degenerative disc disease (DDD) of the thoracolumbar spine was denied.,The Veteran's claim for an increased evaluation in excess of 10 percent for left lower extremity radiculopathy prior to September 30, 2014, and in excess of 40 percent thereafter was also denied.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for degenerative disc disease of the lumbar spine and lower left extremity sciatic nerve paralysis due to inadequate examinations supporting the determinations.

The Veteran's service connection claim for a mental health disorder was denied as there is no evidence of a current disability related to his in-service service.,The Veteran's cervical strain was rated at 10% since the onset of the claim period, with no higher rating warranted due to limited motion and painful movement.

The Veteran's claim for an increased rating for his lumbar spine scoliosis with intervertebral disc syndrome was denied, as the evidence did not show unfavorable ankylosis or incapacitating episodes.,The Veteran's claims for initial ratings in excess of 10 percent for right and left lower extremity radiculopathy were remanded due to a lack of recent VA examination.

The Board has remanded the Veteran's claims for increased evaluations for his service-connected right knee disability, bilateral lower extremity radiculopathy, and residuals of a right knee injury due to inadequate examinations in prior determinations.

The Board has remanded the Veteran's claims for service connection for OSA, left lower extremity radiculopathy, and his lumbar spine disability due to insufficient medical opinions addressing the nature of these conditions and their relationship to service.

The Board has denied the Veteran's claims for service connection for a right leg disorder other than right lower extremity radiculopathy, left ankle disorder, and right ankle disorder due to lack of current diagnosis. The case is remanded for further development.