Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected conditions, including his back and neck disabilities, sleep disorders, and gastrointestinal issues, have rendered him unable to maintain gainful employment. The Board has granted a TDIU based on these conditions.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and radiculopathy of the bilateral lower extremities, finding that these conditions are not related to active service or his service-connected bilateral thigh disability.

The Veteran's service connection claims for degenerative arthritis of the cervical spine, erectile dysfunction (ED), and traumatic brain injury (TBI) have been granted. The Veteran also has a residual symptom of headaches, non-specific, but it is not considered service-connected.,Service connection was established for all claimed conditions based on direct evidence linking each condition to in-service events.

The Veteran's claims for service connection of back disability, arthritis, and radiculopathy were denied. The claim for high blood pressure was also denied. An effective date earlier than September 11, 2015, for the grant of service connection for an acquired psychiatric disability is denied.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, respiratory disability (emphysema), cardiac disability (calcified coronary artery disease), gastrointestinal disability (GERD, achalasia, and esophageal stricture), degenerative disc disease and degenerative joint disease of the lumbar spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The Board also denied a request to revise or reverse an April 1991 rating decision that denied service connection for headaches.

The Veteran's claim for an increased evaluation of his cervical spine disability is denied.,His TDIU claim is granted, but the Board has remanded to obtain additional medical opinions regarding service connection and aggravation claims.

The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the need for additional examinations and records.,These cases involve multiple issues related to the Veteran's service-connected disabilities, including hearing loss, degenerative arthritis of the spine, radiculopathy of the lower extremities, and a TDIU.

The Veteran's claim for service connection for bilateral tinnitus is granted. The Board finds that the preponderance of the evidence supports a finding that the Veteran has current bilateral tinnitus and that it is related to his in-service noise exposure.,The Veteran's claim for service connection for bilateral hip radiculopathy is denied. The Board finds that there is no current diagnosis of bilateral hip radiculopathy, and therefore cannot grant service connection.,The Veteran's claim for service connection for a right foot disability is remanded. Further investigation into the Veteran's in-service injury and any relevant medical records are needed to determine if his current symptoms are related to service.,The Veteran's claim for service connection for a lower left leg disability is remanded. The Board finds that further examination and testing, including nerve conduction studies, are necessary to determine if there is a relationship between the Veteran's service-connected degenerative arthritis of the spine and any diagnosed lower left leg disorder.

The Board has denied the Veteran's claims for increased ratings for his service-connected left lower extremity radiculopathy and lumbar spine osteoarthritis and chronic lumbar strain, both prior to their respective effective dates. The case is being remanded due to the need for additional medical opinions regarding the severity of these conditions during the relevant periods.

The Board has remanded several issues related to the Veteran's service-connected upper extremity radiculopathies, including effective date determinations and disability rating claims. The TDIU claim is also being remanded.

An earlier effective date of April 13, 2017 has been granted for the award of service connection and a 30 percent disability rating for left lower extremity sciatic radiculopathy. The Veteran's other claims remain pending.

The Veteran's claim for neck lesions is denied as there is no current diagnosis of neck lesions.,The Veteran's claims for right upper radiculopathy and neuropathy, and right lower radiculopathy and neuropathy are granted as they are proximately due to his service-connected thoracolumbar strain with scoliosis.

The Board has granted service connection for obstructive sleep apnea, cervical spine disability, bilateral upper extremity radiculopathy, left shoulder disability, and bilateral flatfoot. The issues of service connection for these conditions have been resolved in the Veteran's favor.

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

The Veteran's service-connected disabilities do not meet the threshold criteria for a TDIU, and his combined rating is 40 percent. The Board finds that referral to the Director of Compensation Service for extraschedular consideration is not warranted.

The Veteran's TDIU claim is remanded due to the pending service connection for PTSD. The Board instructed the AOJ to take action on this claim, but it has not been completed yet.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of new VA treatment records.

The Veteran's combined service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that TDIU is warranted.

The Veteran's claim for higher ratings and earlier effective dates for various conditions related to his military service has been denied. The appeal is not about service connection, but rather the evaluation of existing disabilities.

The Board has decided to remand the cases for further development and consideration, including obtaining additional medical records and scheduling a VA examination.