Radiculopathy & sciatica decisions — 2019

The Veteran's appeals for increased ratings and TDIU were dismissed due to his death.

The Board has remanded several issues related to the Veteran's low back disability, including rating claims and service connection for various lower extremity and hip/knee disabilities. The Veteran is also seeking service connection for renal dysfunction. Additional evidence is needed, particularly from VA providers, and a comprehensive examination is required.

The Board has remanded the Veteran's claim for right upper extremity radiculopathy secondary to his service-connected cervical spine disability and his claim for headaches due to in-service combat injuries.

The Board has remanded several issues related to the Veteran's service connection claims, including for right and left lower extremity peripheral neuropathy, diabetes mellitus, lumbar spine degenerative disc disease and arthritis, and radiculopathy. The Veteran is also seeking an effective date prior to September 19, 2016, for various disabilities.

The Veteran withdrew her appeals regarding service connection for chronic pain syndrome, an increased rating for traumatic arthritis of the thoracolumbar spine, and initial disability ratings for radiculopathy of both lower extremities.

The Board denied service connection for cervical spine, lumbar spine, and bilateral upper extremity radiculopathy/neuropathy disabilities as the evidence did not support a link to service.

The Veteran's service-connected lumbar strain disability is granted an increased rating of 20 percent effective from November 27, 2018. Service connection for arthritis in the lumbar spine and sciatica are also granted as secondary to the service-connected lumbar strain.

The Veteran's claims for service connection for diabetes mellitus type II, renal artery stenosis, atherosclerotic cardiovascular disease (heart disease), and PTSD are denied. The Veteran's claims for increased ratings for lumbosacral strain, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are remanded. The Veteran's claim for TDIU is also remanded.

The Board has granted earlier effective dates for the awards of service connection for left hip disability, bilateral hearing loss, and tinnitus based on evidence showing these conditions were first manifested prior to the date of the Veteran's claims.

The Veteran's service connection for depression is granted. Effective dates are denied for lumbar radiculopathy, right and left lower extremities. The case is remanded for further examinations to determine the nature and severity of hip and knee disabilities.

The Veteran's service-connected PTSD and panic disorder, along with other disabilities, have rendered him unable to secure or follow a substantially gainful occupation since January 11, 2013. Effective May 22, 2012, the combined disability rating was sufficient for a TDIU. Effective August 23, 2018, his other service-connected disabilities are also rated at 60 percent or more.

The Veteran's TDIU claim is remanded due to the need for additional development, including obtaining updated VA Form 21-8940 and a VA examination to assess his functional impairment.

The Veteran's increased ratings for cervical spine degenerative disc disease and associated right and left upper extremity radiculopathy have been denied as his conditions do not meet the criteria for a higher rating under applicable diagnostic codes.

The Board granted an effective date of June 13, 2014 for a 40 percent rating for radiculopathy of the right lower extremity. The earliest evidence supporting this diagnosis was prior to that date.

The Veteran's claims for increased ratings for his lumbar spine and lower extremity radiculopathy disabilities have been denied. The VA has determined that the current 20 percent ratings adequately reflect the functional impairment attributable to these conditions.,The Board found no evidence of ankylosis or incapacitating episodes, which would warrant a higher rating under the applicable criteria.

The Board has remanded the cases for additional development and examination, including obtaining missing service treatment records and private medical records.

The Veteran's claims for increased ratings for right and left lower extremity radiculopathy involving the sciatic and external popliteal nerves are being remanded due to insufficient evidence.

The Board has decided to remand the Veteran's claims for increased ratings for lumbar strain, limitation of motion of the thoracic spine, and left lower extremity radiculopathy. The VA is required to obtain additional medical evidence and provide a new examination to assess the severity of these conditions.

The Veteran's claims for earlier effective dates and increased ratings were denied as the medical evidence did not support the assertions of prior manifestations or higher disability ratings.

The Board has decided that the Veteran's service connection claims for bilateral upper and lower extremity radiculopathy should be remanded due to outstanding treatment records related to these conditions.