Radiculopathy & sciatica decisions — 2019

The Veteran's IVDS and bilateral radiculopathies have been rated, but the appeals for increased ratings are denied.

The Veteran's claims for increased ratings for low back disability and radiculopathy into the lower extremities, including on an extraschedular basis, are being remanded due to insufficient examination findings. Additional development is required, including obtaining new VA examinations by spine specialists or orthopedists.

The Veteran's claims for service connection have been granted, but the issues of entitlement to service connection for various disabilities remain pending and need further examination.

The Veteran's claim for bilateral wrist tenosynovitis has been reopened and granted.,Service connection for a lumbar spine disorder is denied as the condition did not manifest within one year of service discharge and there is no evidence of continuity of symptomatology. The Board finds that the Veteran’s current back disability is more likely related to his civilian work rather than service.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations to assess the severity of his service-connected right wrist condition, residual scars, and carpal tunnel syndrome.

The Veteran's claim for residuals of a head injury was denied as there is no evidence of chronic residuals from the 1974 Carlinville, Illinois car wreck.,Service connection for thoracolumbar DDD with radiculopathy was denied due to lack of service origin and post-service low back injuries. The Veteran's current condition is unrelated to his military service.,The claim for glaucoma, claimed as increased intraocular pressure, was denied because the evidence does not show a service origin for the condition.,Service connection for hypertension was denied due to lack of service origin.

The Veteran's claim for service connection for RLE radiculopathy, sleep apnea as secondary to PTSD and lumbar spine disorder, and DMII is granted. The Veteran has been assigned a 50% rating for PTSD effective from June 26, 2018.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's left leg disability, including his service-connected lumbar spine disability and left foot drop.

The Board dismissed all appeals as the Veteran withdrew his appeal in April 2019.

The Veteran's claim for service connection for residuals of traumatic brain injury, cervical spine disability, lumbar spine disability, bilateral upper extremity radiculopathy, and bilateral lower extremity radiculopathy is being remanded due to the need for additional development.,Service connection was denied for all claimed conditions as there is no evidence of a current disability related to service.

The Veteran's appeals for increased disability ratings for left and right lumbar radiculopathy have been dismissed as the Veteran withdrew his claims prior to a decision being made.

The Veteran was granted special monthly compensation (SMC) at the (l) level based on need for regular aid and attendance of another person due to service-connected disabilities from April 19, 2007, to March 19, 2012.

The Veteran's PTSD is granted as service-connected, and the back disability and radiculopathy claims are remanded for further development.

The Board has determined that additional development is needed to properly evaluate the Veteran's claims for higher ratings and TDIU, as the current examination reports do not provide sufficient information regarding functional loss due to flare-ups and repeated use over time.

The Veteran's claim for service connection for sleep apnea has been granted, and he is now entitled to VA benefits starting from the date of his original claim in July 15, 2014.,The Veteran's claim for an earlier effective date for lumbar strain service connection remains pending as there was no prior formal or informal claim filed before July 15, 2014.

The Veteran's appeal for a higher rating for radiculopathy of the left lower extremity was denied. The appeals for service connection for a left shoulder disability and temporary total evaluation under 38 C.F.R. § 4.30 for convalescence following left shoulder rotator cuff repair surgery were dismissed due to withdrawal by the Veteran.

The Veteran's appeal for an increased evaluation of TBI is dismissed. The claims for service connection and evaluations for lower extremity neuropathy/radiculopathy, as well as the TDIU claim are remanded.

The Board has granted service connection for depressive disorder as secondary to the Veteran's service-connected disabilities, and has assigned a 20% rating effective July 6, 2018 for his lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board has remanded the case for further evaluation of the Veteran's service-connected left lower extremity radiculopathy and tension headaches, as well as to determine an appropriate effective date for a separate rating.

The Board has dismissed the Veteran's claims for earlier effective dates as there is no justiciable case or controversy regarding these matters.