Radiculopathy & sciatica decisions — 2019

The Board denied service connection for cervical radiculopathy, right upper extremity and left upper extremity as there was no evidence of such conditions in the Veteran's service records or medical history.

The Veteran's service-connected disabilities, including thoracolumbar disc disease and cervical disc disease with right shoulder disability, have rendered him unable to secure and maintain substantially gainful employment.

The Veteran's claims for earlier effective date, rating in excess of 20 percent for right lower extremity radiculopathy, and TDIU have been dismissed as the Veteran withdrew his appeal.,Service connection for bilateral hearing loss has not been established due to lack of audiometric testing meeting VA criteria for impaired hearing.

The Veteran's disability ratings for chronic lumbosacral strain and lumbar radiculopathy of the right lower extremity were restored to their previous levels, while his TDIU claim was denied.

The Veteran's claims for service connection and increased ratings have been denied. Effective dates earlier than the assigned dates are not granted as there is no evidence of intent to file a claim prior to those dates.,An effective date earlier than November 6, 2014 for PTSD, radiculopathy of the lower extremities, and hypertension is denied.

The Veteran's initial claim for a higher rating for cervical spine disability was denied.,Prior to April 2, 2019, the Veteran's left upper extremity radiculopathy was rated at 20 percent. After that date, it was increased to 30 percent.

The Board has remanded the Veteran's claims for service connection for a back disorder, left hip disorder, and left sciatica due to incomplete STRs and the need for VA examinations. The Veteran is also being asked to provide additional evidence related to his hearing loss claim.

The Veteran's bilateral hearing loss warrants no greater than a Level I rating for each ear under Table VI.,Entitlement to increases in the ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee limitation of extension, and right knee impairment is remanded.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to the RO not readjudicating it after an additional VA examination.

The Board has determined that the Veteran's claimed disabilities, including low back disability, radiculopathy of the left lower sciatic nerve, left hip or thigh disability, right hip or thigh disability, and right knee disability, are not related to service. The evidence does not support a finding of current disabilities for any of these conditions.

The Veteran's degenerative joint disease of the lumbar spine is rated at 20 percent, effective October 16, 2012. Ratings for left and right lower extremity radiculopathy are also granted.

The Board has denied the Veteran's claims for increased ratings for PTSD, TBI, intervertebral disc syndrome with degenerative arthritis of the lumbar spine, and sciatica, left lower extremity. The case is remanded for further development.

Service connection for a neck/cervical spine disorder, sleep apnea, high blood pressure, degenerative arthritis of the lumbosacral spine with degenerative disc disease and disc extrusions, left lower extremity radiculopathy, right lower extremity radiculopathy, left knee retropatellar pain syndrome, and left varicocele is denied.,Effective dates for these grants are not being granted prior to March 25, 2013.

The Board has dismissed the appeals for increased ratings for right and left leg radiculopathy, as well as a claim for TDIU due to the Veteran's death.

The Board has determined that the VA examinations are incomplete and requires further medical guidance due to a recent court decision. Additionally, there is evidence of worsening since the last examination. Therefore, the claims are being remanded for additional evaluations.

The Veteran's lumbar spine disability and left lower extremity radiculopathy have been remanded for further evaluation. The effective date of service connection for a scar of the lower back has also been remanded, as well as an initial rating for that scar.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful employment since September 18, 2015.

Effective date prior to June 26, 2017 for service connection of lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, surgical scars, and panic disorder and agoraphobia are denied as a matter of law.

The Veteran's PTSD with associated panic attacks and depression is granted at a rating of 70 percent, effective from the date his claim was received by VA. The other service-connected disabilities have their ratings either denied or unchanged.

The Veteran's claim for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is denied, while her claim for a 40 percent rating for neuropathy, right lower extremity (ranging from mild to severe incomplete paralysis) is granted.