Radiculopathy & sciatica decisions — 2019

The Board has remanded the cases for further development due to insufficient medical records and need for additional opinions regarding service connection.

The Veteran is granted SMC based on the need for regular aid and attendance due to service-connected disabilities, including cervical spine disability, bilateral upper extremity neurological conditions, and psychiatric disability.

The Board has granted a 20 percent rating for left lower extremity radiculopathy, but the case is remanded for further examination and consideration of the Veteran's thoracolumbar spine disability.

The Veteran's radiculopathy of the right and left lower extremities is granted effective January 8, 2016.,An earlier effective date for the lumbar spine disability is remanded.

The Veteran's claim to reopen his previously denied service connection for depression was granted. Service connection for unspecified depressive disorder as secondary to service-connected lumbar myositis is also granted, and the rating reduction of lumbar myositis from 40% to 20% is restored.

The Board has remanded the cases for further development and examination. The Veteran's service connection claims are not granted as there is no evidence of left lower extremity sciatic or femoral nerve radiculopathy prior to October 9, 2014.

The Board has remanded the Veteran's claims for additional development due to inadequate opinions in his VA examinations and insufficient evidence regarding certain disabilities.

The Board denied service connection for cervical spine, left and right arm disabilities due to lack of evidence linking these conditions to service or a service-connected condition.

The Board has determined that the Veteran's appeal regarding increased ratings for left and right lower sciatica is remanded due to new evidence. The issues of entitlement to an initial disability rating in excess of 10 percent for each condition are being returned to the RO for further action.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran's preexisting scoliosis did not worsen during service and that his current degenerative changes of the lumbosacral spine were not shown to be related to service.

The Board has granted service connection for left and right lower extremity radiculopathy as secondary to the Veteran's service-connected low back strain.

The Veteran's earlier effective date for the 10 percent rating for bilateral eye allergic conjunctivitis and blepharitis is dismissed.,The Veteran's increased rating greater than 40 percent for service-connected musculoligamentous strain, lumbosacral spine with intervertebral disc syndrome is dismissed.,The Veteran's increased rating greater than 20 percent for service-connected cervical strain with degenerative changes without radiculopathy is dismissed.,The Veteran's increased rating greater than 10 percent for service-connected left lumbar radiculopathy (sciatic nerve) is dismissed.,The Veteran's earlier effective date of March 4, 2010 for the grant of service connection for major depressive disorder with anxiety disorder and insomnia is granted.,The Veteran's increased rating of 10 percent for service-connected extensor tendinitis, right long finger, status post ganglion cyst is granted.,Service connection for alopecia areata is granted.

The reduction of the rating for service-connected intervertebral disc syndrome identified as a bulging disc at L3-4 and left L5-S1 with left leg radiculopathy from 60 percent to a 40 percent rating, effective August 1, 2012, was not proper; the 60 percent evaluation is restored, effective August 1, 2012. The Veteran's increased rating and TDIU claims are also remanded.

The Veteran's claims for service connection and increased ratings have been denied. The effective dates requested are not granted.,The Veteran's claim for a 10 percent rating for left ankle disability is denied as there was no worsening of symptoms within the one-year appeal period.,Service connection for chronic fatigue syndrome, erectile dysfunction, and digestive disorder is denied.,Rating in excess of 10 percent for right knee disorder is not granted.,Compensable ratings for impairment of the left and right hip are not granted.

The Veteran's right C8 radiculopathy is rated at 40 percent effective September 15, 2017. His SFW in the right upper trapezius muscle and left thoracic area of mid-back are both rated at noncompensable (0%) under Diagnostic Codes 5301 and 5302 respectively.

The Veteran's migraine headaches are rated at 30 percent, but no higher. The Board found that the evidence was evenly balanced as to whether the Veteran’s migraines more nearly approximated the criteria for a 30 percent rating.,Service connection for radiculopathy of the upper left extremity is denied because there is no causal relationship between the Veteran's service-connected cervical spine disability and his radiculopathy. The Board found that the VA examiner did not adequately address the Veteran’s contentions regarding medication causing his sleep apnea.,The Veteran's claim for service connection for sleep apnea is remanded to obtain an adequate medical opinion addressing whether his sleep apnea is proximately due to or aggravated by his service-connected cervical spine disability.

The Veteran's radiculopathy of the left lower extremity is granted as secondary to his service-connected status-post laminectomy of L5/S1. The issue of a higher rating for the status-post laminectomy and TDIU are remanded.

The Veteran's claims for increased evaluations for his service-connected left ankle sprain and radiculopathy have been denied as the evidence does not support a higher evaluation at any point during the appeal period.

The Veteran's PTSD and radiculopathy of the lower extremities are being remanded for further evaluation due to new evidence.

The Veteran's claims for PTSD and an acquired psychiatric disorder other than PTSD have been granted. The cervical spine disability and bilateral upper extremity radiculopathy claims are remanded due to the need for further examination. The TDIU claim is also remanded.