Radiculopathy & sciatica decisions — 2019

The Veteran's tinnitus is not service-connected as it did not begin during active service or is otherwise related to an in-service injury, event, or disease.,The Veteran’s bilateral pes planus does not warrant a compensable rating as her symptoms are relieved by orthotic inserts.

The Veteran's service-connected disabilities are reasonably shown to be of such nature and severity as to prevent him from maintaining substantially gainful employment, thus meeting the criteria for a TDIU rating.

The Veteran's lumbar spine condition is rated at 40 percent, effective October 20, 2014. His left and right lower extremity radiculopathy are each rated at 20 percent, also effective October 20, 2014. The Veteran's TDIU claim prior to this date remains denied.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The RO found that the disability did not meet criteria for a rating greater than 20 percent prior to April 13, 2018 and did not meet criteria for a rating greater than 40 percent since April 13, 2018.

The Board has determined that the Veteran's service connection claims for various disabilities, including headaches, low back disability, knee and shin disabilities, stomach/digestive issues, radiculopathy, and a psychiatric condition are remanded due to insufficient medical evidence on file. The Veteran is presumed sound upon entry into service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and denied his requests for increased ratings for lumbar strain with muscle spasm and soft tissue injury, right lower extremity radiculopathy, and left lower extremity radiculopathy. The effective date for separate ratings of 20% for right lower extremity radiculopathy and 10% for left lower extremity radiculopathy was set at August 21, 2015.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a lumbar spine disability, chest disability, left lower extremity sciatic nerve disability, and bilateral knee disability. The appeals are remanded due to the need for further development and examination.

The Veteran's lumbosacral spine disability has been granted a 20 percent rating. The Veteran's TDIU claim is also granted. The Veteran's claims for service connection of radiculopathy of the right upper extremity, left upper extremity, and dizziness and reduced equilibrium have all been withdrawn.

The Veteran's claim for SMC based on the need for aid and attendance of another person is remanded due to inconsistencies in his claims file, including VA medical records and examination reports that do not fully support his assertion.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including hypertension and hypertensive heart disease with syncope. The claims are being remanded for additional development, including obtaining private treatment records and scheduling VA examinations.

The Veteran's appeals for earlier effective dates and initial evaluations have been dismissed.,His claims for service connection for bilateral high frequency hearing loss and lumbar spine condition with radiculopathy are reopened, but the latter is remanded due to additional development needed.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including GERD with Barrett’s esophagus, radiculopathy of the left lower extremity, and a lumbar spine disability. The Veteran is also seeking TDIU on an extraschedular basis.

The Board has reopened the Veteran's service connection claim for a lumbar spine disability and granted it. However, the right lower extremity radiculopathy claim is remanded due to insufficient evidence.

The Veteran's osteoarthritis and intervertebral disc syndrome, lumbar spine, with chronic low back pain was rated at 20 percent. The Board found that the evidence did not support a higher rating due to limited range of motion.,The postoperative scar, lumbar spine, was rated as noncompensable under Diagnostic Code 7805. The Veteran's scar does not result in limitation of function to warrant a compensable disability rating.

The Board has granted service connection for a low back disability and right leg sciatic nerve paralysis as secondary to the low back disability, finding that all reasonable doubt is resolved in favor of the Veteran.

The Veteran's appeal for increased ratings and service connection has been remanded due to the need for additional examinations and opinions.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to her withdrawal of all issues on appeal prior to the promulgation of a decision.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's low back disability with radiculopathy is related to his service, specifically combat boot road marches and physical fitness training.

The Veteran's claim for a compensable rating for service-connected left ear hearing loss was denied.,The Veteran's claim for an effective date earlier than May 5, 2014, for the grant of a total rating based on individual unemployability due to service-connected disabilities (TDIU) was also denied.

The Board denied the Veteran's claim for an effective date prior to May 12, 2014 for service connection of radiculopathy (sciatic nerve) in his right lower extremity as secondary to his service-connected herniated nucleus pulposus L5-S1 with intervertebral disc syndrome. The Board found that the earliest possible effective date was May 12, 2014, which is when the Veteran submitted a formal claim for this condition.