Radiculopathy & sciatica decisions — 2019

The Veteran's radiculopathy, cervical spine disability, bilateral hip and knee disabilities, bilateral ankle disability, erectile dysfunction, and carpal tunnel syndrome of the upper extremities are not service-connected as they did not manifest in service or due to a service-connected condition.

The Board has remanded the case due to new evidence received after the last statement of the case. The Veteran's claims for increased ratings related to his degenerative disc disease and nerve radiculopathy are now pending.

The Veteran's claims for increased ratings are being remanded due to the need for further VA spine evaluations following his September 2018 spinal fusion.

The Veteran's claims for service connection of various conditions, including right elbow disability, left elbow disability, right hip disability, and left hip disability, were denied. The claim for headaches was also denied. Other rating decisions were made regarding the Veteran's right upper extremity radiculopathy, hallux valgus of both feet, and ureterolithiasis.

The Board has remanded the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to April 19, 2017 due to a conflict in appellate status. The case is now referred for extraschedular consideration by VA's Director, Compensation Service.

The Veteran's radiculopathy of the right and left lower extremities with involvement of the sciatic nerves has been granted a disability rating of 20 percent, effective January 19, 2017.,A separate 20 percent rating for radiculopathy of the bilateral lower extremities with involvement of the femoral nerves was also granted.

Entitlement to a rating of 40 percent for a back disability effective July 18, 2017 is granted.,Entitlement to a rating of 20 percent for a back disability from December 9, 2010 to July 18, 2017 is granted.

The Board has remanded the Veteran's claims for service connection due to his failure to attend VA examinations and provide relevant medical records. The Veteran is required to appear for new VA examinations and cooperate with VA in retrieving private treatment records.

The Board has determined that additional development is required before the claims on appeal can be decided. The Veteran was not provided with adequate notice and opportunity to schedule VA examinations as requested by the Board in July 2018.

The Veteran's claims for increased ratings and effective dates have been dismissed due to the finality of prior Board decisions. The claim for a rating in excess of 10 percent for right upper extremity radiculopathy is denied, as is the claim for an earlier effective date for cervical spine disability.

The Board has remanded the Veteran's claims for service connection due to failure to schedule VA examinations as instructed in a previous remand. The examinations are needed to determine if any diagnosed ankle or radiculopathy conditions had their onset during service, are related to service-connected disabilities, or have been aggravated by such.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative joint disease and right lower extremity radiculopathy are being remanded due to the need for additional examinations.

The Board denied the Veteran's request to restore a 40 percent evaluation for his lumbar spine s/p surgery with IVDS of left sciatic nerve, finding that actual improvement in the disability warranted the reduction from 40 percent to 20 percent.

The Veteran's appeal of his claim for a rating in excess of 10 percent for service-connected tinnitus has been withdrawn.,The RO is directed to obtain updated VA treatment records and SSA records, as well as any missing service treatment records from the David Grant Medical Center and NPRC.,VA should request that the Veteran submit any outstanding evidence regarding his claimed in-service exposure to dead bodies and race riots at Travis Air Force Base. The RO should also request a Statement in Support of Claim for PTSD Secondary to Personal Assault, and provide adequate notice as to such claim.,The RO should afford the Veteran new VA examinations for his acquired psychiatric disorders (PTSD, depressive disorder, obsessive-compulsive disorder), TBI, migraine headaches, TMJ, cervical spine disabilities, lumbar spine disability, right upper extremity disability, and right lower extremity disability. Adequate etiological opinions are needed.,The RO should afford the Veteran VA examinations for his cervical and lumbar spine disabilities, as well as a new VA examination for his right upper extremity disability (right shoulder and arm pain and numbness, right hand disability).,The RO should afford the Veteran VA examinations for his right lower extremity disability. Adequate etiological opinions are needed.

The Veteran's service-connected disabilities, including coronary artery disease and lumbar spine disability, prevent him from obtaining or retaining substantially gainful employment. The Board has remanded the case for a new VA examination to assess the current severity of his service-connected coronary artery disease.

The Veteran's radiculopathy in the right lower extremity was not caused or aggravated by VA fault or negligence, and there is no evidence of an unforeseen event. Therefore, compensation under 38 U.S.C. § 1151 has not been met.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including rating claims and service connection requests. The AOJ is instructed to obtain any available Social Security Administration (SSA) records.

The Veteran's claims for increased ratings for left sciatic nerve involvement and bilateral post-herpetic pain syndrome were denied as the evidence did not support a higher rating based on the current manifestations of these conditions.

The Board has denied service connection for bilateral hearing loss, tinnitus, asthma, heart disease, peripheral vascular disease, lumbar spine disability with associated radiculopathy, right shoulder disability, bilateral ocular disability (claimed as an eye condition), chronic fatigue syndrome, sleep apnea, erectile dysfunction, and prostate disability.,The Veteran's service records do not show any complaints or diagnoses of these conditions during his military service. The VA audiology examination in March 2016 found normal hearing for both ears.

The Board has remanded the cases for further development and readjudication due to issues being inextricably intertwined with a low back disability claim.