Radiculopathy & sciatica decisions — 2019

The Veteran's appeal for a higher rating for his affective disorder (acquired psychiatric disorder) was denied. The claim for TDIU based on service-connected disabilities is granted, but the decision does not specify an effective date.

The Board has restored a 40 percent disability rating for radiculopathy of the right lower extremity sciatic nerve, effective July 1, 2016, as there was no evidence of actual improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's claim for an earlier effective date for the grant of cervical spine disability is pending and needs to be addressed.,The reduction from 30 percent to 20 percent for cervical spine disability, effective May 17, 2016, is also under review.

The Board has remanded the Veteran's claims for lumbar sprain with residual myofascial pain and radiculopathy, right thigh due to inadequate examinations. The hearing examiner did not properly assess range of motion during flare-ups or consider the use of TENS units and narcotic pain medication. For the hearing loss claim, the Board has remanded as it is unclear if the Veteran's right ear hearing acuity meets VA standards for a disability.

The Veteran's right lower extremity radiculopathy associated with her low back disability is granted a separate compensable rating of 10 percent.

The Board has remanded the claims for service connection for lumbosacral disorder and right-sided sciatica due to insufficient evidence of a nexus between these conditions and military service.

The Veteran's lumbar spine disability, right lower extremity radiculopathy, right shoulder impingement syndrome, left shoulder impingement syndrome, right elbow degenerative joint disease, right knee degenerative joint disease, and left knee degenerative joint disease have been granted initial disability ratings. The GERD has also been granted a higher initial disability rating.

The Board denied service connection for various conditions, including bilateral knee and leg disabilities, a sleep disorder, hypertension, and a sciatic condition. The Veteran's adjustment disorder with mixed anxiety and depressed mood was granted an effective date of February 13, 2014.

The Board has dismissed all service connection claims due to the death of the appellant.

The Veteran's initial rating for a lumbar spine disability with IVDS and left lumbar radiculopathy is granted at 20 percent, but higher ratings are denied. The case is remanded for further evaluation of other issues.

The Board has remanded the Veteran's claims for additional examinations to assess the severity of his neck and right shoulder disabilities, as the previous VA examinations were inadequate.

The Veteran's lumbar radiculopathy, sciatic nerve, moderate, right and left lower extremities are granted a disability rating of 40 percent each. The issue of entitlement to TDIU based on service-connected back and bilateral lower extremity radiculopathy is remanded.

The Veteran's appeals for service connection and rating issues have been withdrawn. The Board has determined that the Veteran wishes to withdraw her appeal regarding scoliosis and whether the disability rating assigned for GERD was clearly and unmistakably erroneous. The remaining issues, including those related to eczema, cervical strain/cervical radiculopathy, migraines, lumbar spine degenerative joint disease, right foot plantar fasciitis/residuals of bunionectomy, and other conditions, are being remanded for further development.

The Veteran's neurological residuals of a right cranial nerve injury had its onset in service and is granted. The left knee, right knee, back, chronic sciatic nerve pain condition, cataracts, chronic sinusitis, hypertension (high blood pressure), and psychiatric condition (PTSD) are remanded for further examination and opinion.

The Veteran's low back disability and radiculopathy of the right lower extremity have been granted ratings, but the rating for radiculopathy is only effective from September 26, 2018. The Veteran also received a TDIU determination.

The Board has found that the VA records dating back to 1977 have not been fully obtained, and thus remanded for further development. The Veteran's service connection claims are being remanded due to incomplete evidence.

The Board has determined that the Veteran's bilateral wrist disorders, including carpal tunnel syndrome and carpal laxity, began in service and have continued after service. The decision grants service connection for these conditions.

The Veteran's radiculopathy claims are remanded due to the need for a new VA examination. The TDIU claim is also remanded as it is inextricably intertwined with the radiculopathy claims.

The Board has determined that further development is necessary before a decision on the merits may be made regarding the issues of entitlement to an initial disability rating in excess of 10 percent for lumbar degenerative disc disease and entitlement to an initial disability rating in excess of 10 percent, each, for bilateral lower extremity radiculopathy. The Veteran was last provided a VA examination relating to his low back and lower extremities in February 2013, over six years ago. In the July 2019 appellant's brief, the Veteran’s representative stated that the Veteran’s condition has increased in severity. Therefore, a new VA examination is required so that the current nature and severity of the Veteran’s service-connected disabilities at issue may be determined.

The Veteran's sleep apnea is rated at 50 percent, which includes the use of a CPAP machine. The appeal for COPD and thoracic spine disability is dismissed as service connection has already been established. Lumbar strain and radiculopathy are denied due to lack of incapacitating episodes or ankylosis. Blepharitis does not meet the criteria for a compensable evaluation.