Radiculopathy & sciatica decisions — 2019

The Board denied service connection for a low back disability and right leg sciatica, finding that the evidence did not support a link to active service.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected disabilities, including hypertension and unspecified trauma and stressor-related disorder. The decision grants service connection for this condition.

The Board has determined that the Veteran's service records are unavailable due to a fire at the National Personnel Records Center. The Board is remanding the claims for further development, including obtaining additional medical records and conducting VA examinations.

The Board has denied the Veteran's claims for service connection of left knee disability, pilonidal cyst, right carpal tunnel syndrome, and radiculopathy of the right upper extremity due to lack of competent evidence showing these conditions are related to military service.

The Board has granted reopening of the previously denied claims for service connection for tinnitus and a lumbar spine disorder. Service connection is also granted for tinnitus, but denied for heart disorder, headache disorder, residuals of head injury, right leg disorder (excluding sciatica), obstructive sleep apnea, and acquired psychiatric disorder.

The Veteran's claim for a rating greater than 30 percent for bowel impairment prior to January 5, 2015 was denied. The Veteran also sought SMC-R1 based on paraplegia with loss of bowel and bladder movement and the need for aid and attendance prior to January 5, 2015, but this claim was also denied.

The Veteran's claim for service connection for a left hip disorder was reopened, and he is now rated at 40 percent for lumbar spine arthritis with DDD and IVDS from June 11, 2014 to September 4, 2018. He also received separate ratings for right and left lower extremity radiculopathy of both the femoral and sciatic nerves.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board has remanded the case for additional development due to lack of evidence meeting the criteria for a higher rating.

The Board has remanded the cases of an increased rating for right lower extremity radiculopathy and an earlier effective date, as well as the TDIU claim due to service-connected disabilities. The Veteran is required to undergo a VA examination for his service-connected right lower extremity radiculopathy and the TDIU claim must be deferred until further action on the issue of service connection for left lower extremity radiculopathy.

The Board has granted service connection for an acquired psychiatric disorder, diagnosed as anxiety and depression, secondary to the Veteran's service-connected orthopedic disabilities. The appeal is dismissed for all other issues.

The Board has remanded the cases due to the need for a VA examination and opinion regarding the severity of the Veteran's residuals of fracture of the left 5th digit, as well as whether his claimed conditions are related to military service.

The Board denied increased ratings for the Veteran's lumbar spine disability and radiculopathy of both lower extremities, finding that the evidence did not support higher ratings based on functional loss due to pain or other factors.

The Veteran's lumbosacral spine degenerative disc disease (DDD) was previously rated at 20 percent prior to November 1, 2011. The Board has remanded the issue for further review.,Right lower extremity radiculopathy was previously rated at 40 percent effective July 14, 2017. The Board has remanded this issue for further review.,Left lower extremity radiculopathy was previously rated at 40 percent effective December 24, 2014. The Board has remanded this issue for further review.

The Board has determined that the Veteran's claims for service connection, increased rating, and TDIU are remanded due to inadequate opinions in the prior VA examinations and hearing testimony not being considered.

The Veteran's appeal is remanded for additional examinations and opinions to determine the severity of his service-connected disabilities, including a bilateral foot condition, right knee disability, degenerative disc disease of the lumbar spine, and left lower extremity radiculopathy. The issues related to tinnitus have been addressed in this decision.

The Board has granted service connection for a lumbar spine disability and radiculopathy of the lower extremities, finding that these conditions are related to service. The decision is based on evidence showing current disabilities and in-service injuries or complaints.

The Veteran's service-connected disabilities do not preclude him from securing and following gainful employment consistent with his educational and occupational experience.

The Board has denied the Veteran's claim for service connection for hypertension and remanded the claims of PTSD, right leg radiculopathy, left leg radiculopathy, and diabetes. The case is being returned to the RO for further development.

The Board has determined that the Veteran's claims for service connection and TDIU must be remanded due to the need for additional development. Specifically, VA treatment records from December 2018 onwards are needed, as well as medical opinions regarding the etiology of her left knee disability, cervical spine disability, sleep disorder, and whether her sleep disorder is aggravated by her service-connected bipolar disorder.

The Veteran's service-connected obstructive sleep apnea is granted. The Veteran's maxillary/ethmoid sinusitis with left nasal deformity, status post rhinoplasty, is granted a maximum schedular rating of 50 percent. The Veteran's herniated nucleus pulposus of the lumbar spine L5-S1, status post lumbar laminotomy and diskectomy, with degenerative joint disease and invertebral disc syndrome, is denied any increase beyond the current 40 percent rating. The Veteran's radiculopathy of the right lower extremity is also denied any increase beyond the current 20 percent rating. The Veteran's contact dermatitis of the feet and HPV are both denied initial compensable ratings.