Radiculopathy & sciatica decisions — 2019

The Veteran's appeal for a higher rating for left lower extremity sciatica was dismissed as the Veteran withdrew his claim prior to the Board's decision.,A 100 percent disability rating for major depressive disorder with psychotic features is granted, reflecting total occupational and social impairment.

The Veteran's low back disability and left leg radiculopathy were denied increased ratings, with the exception of a 20% rating for the period from July 25, 2013 to June 27, 2016 for his low back disability.

The Veteran's service-connected disabilities do not meet the criteria for eligibility in purchasing an automobile or adaptive equipment, specially adapted housing, or a special home adaptation grant.

The Board dismissed the appeal for a higher combined evaluation for service-connected disabilities due to the Veteran's withdrawal of his appeal. The remaining issues, including increased ratings and TDIU, are remanded.

The Veteran's appeal for an increased rating for left lower extremity radiculopathy has been dismissed. The appeals for the T12 compression fracture with muscular low back pain and degenerative arthropathy of thoracic spine, as well as the TDIU claim, are remanded.

The Board has remanded the case due to a failure to provide an adequate statement of reasons and bases for finding that VA substantially complied with the January 2016 remand instructions, specifically regarding the Veteran's bilateral lower extremity radiculopathy.

The Veteran's service connection claims for left calf intramuscular hemangioma, right knee disorder, and back disability have been denied. Service connection was granted for the left lower extremity radiculopathy (sciatica) with an effective date of October 30, 2014.,A higher initial rating for the service-connected left lower extremity radiculopathy is not warranted.

The Board denied the Veteran's claims for earlier effective dates prior to February 15, 2012 for service connection of lumbar strain with IVDS and radiculopathy of the right lower extremity due to lack of evidence submitted during the relevant time period.

The Veteran's claims for increased ratings and TDIU have been dismissed due to their death.

The Veteran's appeal for restoration of a 10 percent rating for bilateral hearing loss and restoration of a 20 percent rating for radiculopathy of the lower left and right extremities has been dismissed as he requested to withdraw his appeals.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is remanded due to insufficient medical information in the record. The Veteran needs a VA examination to assess the current severity of his condition.

The Veteran's service-connected disabilities, including sleep apnea, degenerative arthritis of the spine, anxiety and depression, arthritis of the knees, tinnitus, sinusitis with rhinitis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve, and left lower extremity radiculopathy of the femoral nerve, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU.

The Veteran is granted a TDIU rating due to service-connected disabilities, with the effective date being throughout the appeal period.

The Veteran's claim for a clothing allowance for bilateral knee braces was denied because he did not have a service-connected knee disability. The AOJ should make reasonable efforts to obtain private treatment records from Dr. W.B. and VA treatment records.

The Veteran's claims for increased rating and service connection are remanded due to the need for a new VA examination.

The Veteran's service-connected disabilities have been assigned an effective date of January 1, 2017, which is the day after his separation from active duty.,The Veteran has filed a claim for earlier effective dates for various service-connected conditions. The Board finds that these claims are denied as the earliest possible effective date allowed by law is January 1, 2017.

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The Veteran's claim for service connection for a lumbar spine disability, left leg radiculopathy, COPD, and PAD has been granted.,New evidence received since the last final denial of these claims raises reasonable possibility of substantiating them.

The Veteran's vagus nerve injury is not service-connected, and his radiculopathy of the femoral and sciatic nerves are rated at their maximum levels.,Compensation under 38 U.S.C. § 1151 for a vagus nerve injury was denied due to lack of evidence showing that the surgery caused additional disability.

The Board has denied the Veteran's claims for service connection for back disability, erectile dysfunction, and radiculopathy (muscle cramps in lower extremities) due to a lack of evidence showing these conditions were incurred or aggravated by military service.