Radiculopathy & sciatica decisions — 2019

The Veteran's claims for increased disability ratings and effective dates have been denied. The Board found that the criteria for an earlier effective date were not met.

The Veteran's left leg disability and cervical spine degenerative disc disease with bilateral upper extremity radiculopathy are both granted service connection. The left leg disability is not granted, while the cervical spine issue is.

The Board denied the Veteran's claim for service connection for lower back disability, finding that there was no evidence of a causal relationship between his current condition and his military service.

The Board has determined that the Veteran's claims for service connection related to intervertebral disc syndrome, bilateral leg pain, major depressive disorder, hypertension, erectile dysfunction, tension headaches, and left shoulder strain must be remanded due to inadequate examination reports and need for further development.

The Veteran's claims for effective dates earlier than March 14, 2018 for the initial grant of 40 percent evaluation for lumbar strain with intervertebral disc syndrome and for bilateral lower extremity radiculopathy secondary to a lumbar strain with IVDS have been denied.

The Veteran's sciatica, left lower extremity is rated at 20 percent and the Board finds that a higher rating is not warranted due to lack of moderately severe radiculopathy.

The Board is remanding all issues for additional development and records.,The Veteran's service connection claims are being remanded due to the need for additional records, including military personnel records and service treatment records.,The VA psychiatric examination in January 2018 did not provide a clear opinion on the etiology of the acquired psychiatric disorder. A new examination is needed.,VA lumbar and cervical spine examinations were inadequate and require further evaluation to determine functional impairment due to pain, weakness, fatigue, or incoordination.,The Veteran's claim for an effective date prior to March 17, 2008 for the award of a total disability rating based on individual unemployability is being remanded due to conflicting evidence regarding his last date of employment.

The Veteran's claims for earlier effective dates for dependency benefits were denied as the earliest date entitlement arose was March 17, 2010 for his spouse and minor children K. and A., and June 18, 2010 for his minor child B.

The Veteran's TDIU claim is remanded due to a duty to assist error. The effective date for his TDIU should be reconsidered based on the evidence of record and any new information regarding his employment and income since September 2012.

The Board has vacated the decision and remanded the case due to a TDIU claim being raised by the Veteran's representative. The issues of service connection for basal cell carcinoma, claimed as multiple myeloma; entitlement to increased rating in excess of 40 percent for degenerative arthritis of the spine with intervertebral disc syndrome (IVDS); and entitlement to increased rating in excess of 20 percent for radiculopathy of the left lower extremity are being remanded.

The Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy of the RLE and LLE associated with diabetes mellitus, degenerative arthritis of the thoracolumbar spine, radiculopathy of the RLE, and radiculopathy of the LLE have all been denied.,Effective dates for service connection were granted on March 19, 2010, for degenerative arthritis of the thoracolumbar spine associated with left knee DJD, radiculopathy of the RLE, and radiculopathy of the LLE.

The claim to reopen the previously denied claim for service connection for left knee disability is granted. The appeal is granted to this extent only.

The Board has remanded several issues for further examination and opinion, including service connection for various foot conditions and left hand arthritis. The Veteran's claims are pending.

The Veteran's application to reopen their claim for service connection of a lumbar spine disorder has been granted. The issues of service connection for cervical spine disorder, cervical radiculopathy, and gynecological disorder are also being considered.

The Veteran's chronic left sciatic pain associated with pyriformis syndrome is now rated at 40 percent, effective immediately.,Asthma remains rated at 30 percent.

The Board has determined that the Veteran's current low back disability, including degenerative disc disease of the lumbosacral spine and lumbar radiculopathy, is related to service. As a result, the claim for service connection for this condition is granted.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity (femoral and sciatic nerves) are being remanded due to a lack of a VA examination and outstanding medical records.

The Veteran was granted a TDIU effective January 1, 2010 and denied a compensable rating for bilateral hearing loss. The decision also found that the Veteran's service-connected disabilities rendered him unable to secure or maintain substantially gainful employment prior to January 1, 2010.

The Board has remanded the Veteran's claims for staged evaluations of his service-connected lumbar spondylosis with spondylolisthesis with spinal stenosis and degenerative disc disease, radiculopathy of the right and left lower extremities, and TDIU. The issues are being returned to the AOJ for additional development.

The Board has determined that the Veteran's right hip disability and pinched nerve are not proximately due to or aggravated by his service-connected shrapnel fragment wound, right buttock with retained foreign body. Therefore, service connection for these conditions is denied.