Radiculopathy & sciatica decisions — 2019

The Board has remanded the claims for increased ratings and TDIU due to insufficient medical evidence on file of current findings reflecting the nature, extent and severity of the Veteran's disabilities. The claims will be remanded for a VA examination.

The Board has remanded the case for additional development and examination to address service connection claims for sleep apnea, bilateral knee disability, IBS, bilateral lower extremity sciatica, and hypertension.

The Board has granted the Veteran's application to reopen his claim for service connection for a lumbar spine disability. The claims for right lower extremity radiculopathy and acquired psychiatric disorder are remanded due to need for additional development.

The Veteran's claim for a higher rating for right lower extremity radiculopathy from October 15, 2009 to January 10, 2017 is denied as the evidence does not show moderate or more severe incomplete paralysis of the sciatic nerve.

The Veteran is currently rated at 20 percent for radiculopathy of the left lower extremity and 20 percent prior to July 31, 2013 for radiculopathy of the right lower extremity. The Board has remanded these issues.,There is no legal entitlement to an earlier effective date prior to April 1, 2011 for service-connected radiculopathy of the left and right lower extremities.

The Board has remanded the cases due to insufficient evidence and need for further examination.

The Board has dismissed the appeals for higher initial ratings for lumbar strain and left lower extremity radiculopathy, as well as the claims for service connection for headache disorder and a left knee disorder. The Veteran did not indicate disagreement with any of the four determinations made in the December 2018 rating decision.

The Board found that the reduction of the Veteran's sciatic nerve disability rating from 20% to noncompensable effective August 1, 2019 was improper and restored the original 20% rating.

The Board has granted service connection for thoracolumbar strain with degenerative joint and disc disease and right leg sciatica as secondary to the thoracolumbar disability. The cervical spine disability and bilateral hearing loss claims have been withdrawn.

The Veteran's claim for service connection of mild degenerative joint disease with degenerative disc disease of the lumbar spine was denied. The effective date for the award of service connection for a cervical spine disability is September 1, 1996. The Veteran's left upper extremity radiculopathy and right upper extremity radiculopathy are associated with his service-connected cervical spine disability. Service connection for glaucoma has been granted.

The Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, nor housebound.,The Veteran is currently unemployed due to his service-connected disabilities. The Board has remanded for an updated VA examination to determine if the Veteran’s service-connected disabilities alone prevent him from performing occupational tasks.

The Veteran withdrew his appeals for higher initial ratings for service-connected degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.

The Board has remanded the Veteran's claims for service connection due to a lack of entrance examination records and to obtain an opinion on whether her cervical spine disability is related to or aggravated by service, as well as whether it is secondary to her service-connected thoracolumbar spine and right ankle disabilities. The issues are inextricably intertwined.

The Veteran's headaches are granted as secondary to his service-connected tinnitus. His hearing loss and acquired psychiatric disorder have been granted, but diabetes mellitus is denied.

The Veteran's service-connected disabilities, including back pain and nerve damage, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy are being remanded for additional examination to determine the current severity of his conditions, as well as a TDIU claim is also being remanded due to the possibility that he may be unemployable due to these disabilities.

The Veteran's radiculopathy of the right sciatic nerve has not been manifested by severe incomplete paralysis, and a rating in excess of 40 percent is denied. The issue of entitlement to TDIU is remanded.

The Veteran's back and neck disabilities are rated at the maximum available rating of 20 percent each, with no higher ratings granted.,The Veteran's radiculopathy in both upper extremities is rated at the maximum available rating of 70 percent for the right side and 60 percent for the left side.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the nature and etiology of the Veteran's migraines, radiculopathy in his lower extremities, and whether they are related to service or secondary to his service-connected low back disability.

The Board denied the Veteran's claims for earlier effective dates for service connection awards due to a lack of evidence supporting an earlier date.