Radiculopathy & sciatica decisions — 2019

The Veteran's increased rating claims for cervical degenerative disc disease with arthritis, tinnitus, and left upper extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's service-connected disabilities, including multiple gunshot wounds and resulting injuries, have rendered him unable to work due to severe physical limitations. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings and TDIU are being remanded due to duty-to-assist errors.

The Veteran's sleep apnea is granted secondary to service-connected conditions. The cervical spine condition is granted a 20% rating from March 25, 2019 onwards and the radiculopathy of the right upper extremity was granted a 20% rating from May 22, 2012 through February 26, 2018. The Veteran's radiculopathy of the right upper extremity is denied in excess of 40% after February 27, 2018.

The Board has determined that new VA examinations are needed due to the Veteran's testimony of worsening symptoms and treatment records indicating ongoing issues. The cases will be remanded for these purposes.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and lack of medical opinion on secondary service connection.

The Board has decided to remand the case due to incomplete records and need for further examination. The Veteran's service connection claim for spondylolisthesis with radiculopathy, lumbar spine is being reviewed.

The Veteran's appeal is remanded due to the need for additional development of evidence, including VA treatment records from March 2018 and thereafter. The AOJ must review this evidence before readjudicating his claims for specially adapted housing and special home adaptation grants.

The Board has remanded the Veteran's claims for service connection, higher ratings, and TDIU due to inaccuracies in the medical records provided by the Veteran. The claims will be reconsidered with new evidence.

The Veteran's claims for increased ratings of residual surgical scars of the right anterior neck and right hip have been dismissed as they were previously adjudicated by the Board.,The Veteran's petition to reopen his claim for service connection for a disability of the right upper extremity has been granted, but the issues are remanded due to lack of proper venue.

The Board has remanded several claims for further development, including service connection and increased rating claims. The Veteran's appeal is not about service connection at all.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine, left shoulder DJD, right shoulder DJD, and GERD conditions are not rated higher than the current levels due to lack of evidence supporting more severe disability. Service connection for radiculopathy was also denied.

The Board has granted the Veteran's claims for service connection for radiculopathy of the left and right lower extremities, finding that these conditions are secondary to his service-connected lumbar spine condition.

The Board has granted the Veteran's claim for total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities.

The Veteran's claim for a rating in excess of 40 percent for postoperative residuals of lumbar strain with lateral recess stenosis L5-S1 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine.,The Veteran's claim for a rating in excess of 20 percent prior to June 6, 2016, and in excess of 40 percent thereafter, for left lower extremity radiculopathy was denied as there were no incapacitating episodes over the past 12 months.

The Veteran's initial entitlement to a 10 percent rating for left and right lower extremity radiculopathy is granted from January 9, 2014 to April 28, 2016. The Veteran's subsequent requests for higher ratings are denied.

The Veteran's left hip condition and right lower extremity radiculopathy are granted as secondary to his service-connected back disability. The effective date for the award of service connection is not specified.

The Board has remanded the case due to insufficient evidence regarding the Veteran's ability to perform sedentary work in light of his service-connected disabilities. The Veteran needs a vocational assessment from a Veterans Health Administration Vocational Rehabilitation Specialist.

The Veteran's claim for service connection for a lumbar spine disability has been reopened, but the evidence does not support granting this claim.,Service connection was denied for radiculopathy of both the left and right lower extremities.

The Board has remanded several issues related to the Veteran's service connection claims and rating determinations for various conditions, including right knee surgery, bone spurs of the left foot, left lower extremity radiculopathy, degenerative disc disease (DDD) of the lumbar spine low back strain, and sciatic nerve (right lower extremity radiculopathy).