Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine and lumbosacral neuritis/radiculopathy disabilities are granted as secondary to her service-connected left knee arthritis.,Her bipolar disorder is granted based on evidence showing it had its onset during service, with symptoms continuing since then.,Her sleep apnea is granted as secondary to her service-connected bipolar disorder.

The Board denied separate disability ratings for radiculopathy of the right and left lower extremities, finding no evidence of a neurological condition stemming from the service-connected lumbar spine disorder.,Separate disability ratings were not granted as there is no objective medical evidence supporting the Veteran's claims.

The Veteran's initial schedular rating for tinnitus is denied as it is the highest available.,An extraschedular rating for tinnitus is also denied due to the maximum schedular rating being assigned.,Service connection for hearing loss is not granted because the Veteran does not have hearing impairment for VA purposes.,Effective from November 8, 2012, a 40 percent rating for lumbosacral DDD is granted. The Veteran's radiculopathy of the right lower extremity is rated at 20 percent.

The Veteran's claim for increased disability rating in excess of 10 percent for the service-connected thoracolumbar spine strain is granted, subject to the rules and regulations governing the payment of VA monetary benefits. The claims for service connection for various conditions are denied.

The Board has remanded several issues related to the Veteran's service connection claims due to the need for additional records from the Social Security Administration (SSA).

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional development.

The Board has remanded the case for additional development and examination, as some records are missing or not properly obtained.

The Veteran's appeals seeking higher ratings and earlier effective dates for his service-connected conditions have been dismissed due to the Veteran withdrawing all pending appeals.

The Veteran withdrew his appeals for all issues related to his service-connected disabilities, including cervical spine disability, cervical radiculopathy of the right upper extremity, neck scars, status post right wrist bone fusion, sensory neuropathy of the lower left extremity, and bone graft scars. The Board dismissed these claims as a result.

The Veteran's claim for hypertension was reopened and granted.,Obstructive sleep apnea is found to be secondary to major depressive disorder.,Service connection for cataracts, left knee degenerative joint disease, right knee degenerative joint disease, chronic right hip strain, and left lower extremity radiculopathy are all granted with effective dates of February 28, 2013.,Coronary artery disease is granted with an effective date of January 28, 2013.

The Board has remanded the issues of increasing ratings for various service-connected conditions and is also considering a claim for Total Disability Rating Based on Individual Unemployability (TDIU). The TDIU claim will be considered in conjunction with the other claims.

The Veteran's service connection claim for obstructive sleep apnea is granted. The Board also remanded the cases of his cervical spine and left upper extremity radiculopathy disabilities.

The Board has remanded the claims for service connection and rating of right knee disability due to inextricably intertwined issues. The Veteran's current lumbar spine diagnoses are also being reviewed as part of this process.

The Veteran's radiculopathy of the bilateral upper extremities is granted as secondary to his service-connected degenerative changes at C4-C5, C5-C6, and C6-C7. However, his bilateral carpal tunnel syndrome remains denied.

The Veteran's spouse is not found to be in need of regular aid and attendance or housebound status, as she can manage her daily activities with assistance when needed.

The Veteran's appeals for service connection and increased ratings have been dismissed due to the Veteran withdrawing his appeal.,The Veteran’s claims for higher ratings related to lumbosacral strain with degenerative arthritis of the lumbar spine, bilateral lower extremity radiculopathy, and Bell's Palsy were not addressed as they are not on appeal.

The Veteran's appeals for increased ratings for his low back disability, radiculopathy of the lower left extremity, and radiculopathy of the lower right extremity have been dismissed as he withdrew these claims prior to a decision being made.

The Board has denied the Veteran's claims for clothing allowances for clotrimazole and hydrophilic creams due to lack of connection with a service-connected skin disability. The case is remanded for further consideration regarding the bilateral knee braces.

The Board has remanded the claims for additional development due to errors in obtaining medical records and inadequate medical opinions. The Veteran's psychiatric disorder is being evaluated again, a new examination of his back disability and neurological disabilities is needed, and the TDIU on a schedular basis only is also being remanded.

The Veteran's right ear hearing loss is granted service connection, while left ear hearing loss and hypertension are denied. The initial ratings for upper extremity peripheral neuropathy and radiculopathy are also granted.