Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus the Board grants a TDIU rating.

The Veteran's service-connected disabilities prevent him from securing or following any substantially gainful occupation, and a remand is required to assess the severity of his back and associated neurological disabilities.

The Veteran's left and right lower extremity radiculopathy are rated at 20 percent each, effective February 4, 2019. The rating is granted for moderate incomplete paralysis of the sciatic nerve.

The Veteran seeks earlier effective dates for various service connection and rating decisions, but the Board finds that no such effective dates are warranted based on the evidence of record.,The Veteran's tinnitus is currently rated at 10 percent under Diagnostic Code 6260. The maximum schedular rating available for tinnitus is also 10 percent.

The Board has remanded the Veteran's claims for higher initial ratings due to a lack of recent VA examinations and treatment records, as well as new symptoms reported by the Veteran.

The Board has remanded the Veteran's claims for increased ratings and TDIU prior to January 23, 2015 due to incomplete records. The Veteran needs to provide Social Security Administration (SSA) medical records used in his disability benefits decision.

The Board has decided that the Veteran's right upper extremity cervical radiculopathy and migraine claims need to be remanded for further evaluation.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed due to the Veteran's attorney withdrawing the appeals in November 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 combined disability ratings did not meet the schedular criteria for TDIU and that he was unable to secure or follow substantially gainful employment in light of his education and occupational experience.

The Board has granted service connection for degenerative disc disease of the lumbar spine. The issues of service connection for a left hip condition and bilateral lower extremity radiculopathy are remanded.

The Veteran's claims for increased ratings for IVDS and lumbosacral strain, as well as associated left and right lower extremity radiculopathy, are being remanded due to the need for additional development.

The Board has determined that additional examinations and opinions are needed to properly adjudicate the Veteran's claims for service connection, as well as his claim for an initial compensable rating for allergic rhinitis. The issues of entitlement to service connection have been remanded due to insufficient evidence regarding the etiology of the conditions in question.

The Veteran's initial rating for depressive disorder is denied as he is already receiving the maximum allowable rating.,Effective dates of October 4, 2011, but no earlier, are granted for service connection of cervical spine disability and associated upper extremity radiculopathies. The effective date for basic eligibility to DEA benefits and SMC on account of being housebound (SMC) is also set at this time.,The Veteran's initial ratings for cervical spine disability prior to December 15, 2011, and right upper extremity radiculopathy as of March 1, 2012, are remanded for further review.,An effective date prior to June 21, 2013, is denied for service connection of depressive disorder.

The Board has decided to remand the case due to new evidence not previously considered, and requests that a supplemental statement of the case be issued.

The Veteran's claims for increased evaluations of his thoracolumbar spine disability and associated sciatica affecting both lower extremities are remanded due to the need for additional medical evidence. The propriety of reduction in evaluation for service-connected PTSD is also remanded.

The Veteran's appeal includes claims for increased ratings for bilateral hearing loss, osteoarthritis lumbar spine with scoliosis, radiculopathy of the left and right lower extremities, and a TDIU. The case is remanded to consider additional evidence received since the last rating decision.

The Veteran's lumbar spine degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted service connection.,The Veteran's anxiety disorder has been remanded for further examination to determine its etiology.

The Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine, radiculopathy of the left lower extremity, and neuropathy of the right lower extremity have been denied. The Board found no new evidence to reopen the previously denied claims for these conditions.

The Veteran's claims for left foot disorder, bilateral knee disorder, bilateral hip disorder, and right leg radiculopathy are all granted as secondary to his service-connected right ankle disability.

The Board denied service connection for a cervical spine disability and left upper extremity radiculopathy, finding that the Veteran's current disabilities were not causally related to his military service.