Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine disability is rated at 40 percent, effective October 3, 2016. Service connection for left and right lower extremity radiculopathy is granted.

The Board has determined that additional examinations are needed for the Veteran's lumbar spine disorder and radiculopathies of the bilateral lower extremities, as well as a decision on his TDIU claim. The appeals will be remanded to allow for these evaluations.

The Board has remanded the claims for increased ratings for cervical radiculopathy and carpal tunnel syndrome of both upper extremities due to pending issues regarding an effective date prior to September 15, 2014.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increases in ratings for various conditions and a rating for a posterior neck scar. The claims are being remanded due to the need for additional development of medical evidence.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment for the periods of October 17, 2012 to May 7, 2013; August 1, 2013 to October 22, 2013; and February 1, 2014 to April 27, 2015. As a result, TDIU was granted for these periods.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for bilateral hearing loss. The appeal as to all other issues is being remanded due to the need for additional development.

The Board has determined that the Veteran's radiculopathy of the left lower extremity warrants a 40 percent rating, but no higher. The remaining issues have been remanded for further examination and evaluation.

The Veteran's claims for increased ratings and initial ratings were denied. The Veteran was granted a higher rating of 50 percent for major depressive disorder from March 8, 2019.

The Veteran's right shoulder disability was granted a 40% rating from August 28, 2018.,A 40% rating for the lumbar spine degenerative disc disease with IVDS is granted from September 2018.

The Veteran seeks a higher evaluation for his service-connected spondylosis of the lumbar spine, which is currently rated as 10 percent disabling. The Board has granted entitlement to a separate evaluation for left leg radiculopathy as a neurologic manifestation of the service-connected spondylosis.,The Veteran also seeks service connection for a disorder of the third nail of the left hand and a right knee disorder, both secondary to his service-connected lumbar spondylosis. The Board has remanded these issues for further development.

The Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities are being remanded for further examination to assess the current severity of his conditions.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are both currently rated at 10 percent. The Board does not find any basis to grant higher ratings for these conditions.

The Board has remanded several issues related to the Veteran's service connection claims due to incomplete records and inadequate examination reports. The Veteran is required to provide additional medical evidence, including treatment records from VA facilities and SSA records. He also needs to undergo further examinations for his neck, low back, and right shoulder disabilities, as well as a psychiatric examination.

The Veteran's diabetes mellitus, type 2 is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s back disability is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s radiculopathy of the right lower extremity is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran’s radiculopathy of the left lower extremity is currently rated at 20 percent and does not meet the criteria for a higher rating.,The Veteran's prostate cancer, status post robotic prostatectomy, results in erectile dysfunction but no other residuals, and the prostate cancer is in remission. The voiding dysfunction causes urine leakage, but it does not require the wearing of absorbent material or the use of an appliance. The condition does not cause increased urinary frequency or signs or symptoms of obstructed voiding.,The Veteran's erectile dysfunction manifests as loss of erectile function, but without deformity of the penis.,The Veteran’s service-connected scars are not unstable or painful, measure less than 39 square centimeters in total area, are not associated with underlying tissue damage, and result in no functional impairments or disabling effects.,Audiometric testing establishes that the Veteran has had, at worst, level I hearing in the right ear. Audiometric testing also established that the Veteran does not have left ear hearing loss for VA purposes.,While the Veteran was exposed to acoustic trauma during active military service, he does not have a left ear hearing disability for VA purposes.

The Board denied the Veteran's requests for earlier effective dates for service connection and increased ratings, finding that June 18, 2015 was the appropriate date based on receipt of his claims.

The Board has remanded the cases for additional development, including obtaining updated VA treatment records and any relevant SSA disability benefits records.

The Board denied service connection for hypothyroidism, tinnitus, left sciatic nerve disability, and sleep apnea as the evidence did not establish a link to service.

The Veteran's claim for service connection for bilateral sciatic radiculopathy of the lower extremities was granted with an effective date of October 30, 2006.

The Veteran's claim for a higher evaluation for left lower extremity radiculopathy and his secondary service connection claim for cervical spine condition to include as secondary to the service-connected degenerative disc disease and degenerative joint disease of the lumbar spine were both denied.

The Veteran's service-connected burn scars, cervical spine injury, and left upper extremity radiculopathy prevent him from obtaining substantially gainful employment. The Board has determined that the criteria for TDIU have been met.