Radiculopathy & sciatica decisions — 2019

The Veteran's PTSD is granted with a rating of 50 percent, effective July 3, 2019. Service connection for other conditions remains pending.

The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation since April 3, 2013. The Board has granted TDIU effective from that date.

The Veteran's unauthorized medical expenses incurred at St. Lucie Medical Center on September 26, 2017 are denied because the condition was not of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health and VA facilities were feasibly available.

The Veteran's appeals for increased ratings for bilateral lower extremity radiculopathy have been dismissed.,The Veteran's appeal for a TDIU due solely to his service-connected back disability has been granted from October 30, 2014.

The Veteran's claims for service connection for various conditions have been denied. The Board found no current diagnoses or evidence of in-service incurrence or aggravation for the claimed conditions.

The Board has dismissed the appeal for an earlier effective date for service connection of low back pain and remanded other issues related to heart disease, hearing loss, radiculopathy, and TDIU. The Veteran's claims are pending due to the need for additional development.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's low back disorder is granted service connection.,Service connection for a heart disorder is denied.

The Board has found that there was a pre-decisional duty to assist error in failing to schedule the Veteran for VA examinations related to his hypertension, lumbar spine disability (including radiculopathy), and polyneuropathy claims. The appeals are therefore remanded for further action.

The Board has remanded the Veteran's claims for low back disorder, sciatic nerve damage of the right lower extremity, and left upper extremity radiculopathy due to inadequate medical opinions in the previous VA examinations. The claims are being returned for further development.

The Veteran's claims for service connection were received on November 15, 2010. The effective dates for the awards of service connection are set at that date.,There is no evidence of any prior claim or communication indicating an intent to apply for service connection for back disability or lower extremity neurological disability before November 15, 2010.

The Board has remanded the Veteran's claims for cervical spine disability, obstructive sleep apnea (OSA), scar of the right anterior base of neck, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity as secondary to service-connected lumbar spine disability. The remand requires additional opinions regarding whether these conditions are aggravated by the service-connected lumbar spine disability.

The Board's decision dismissing the Veteran’s appeal of his service connection claims for a low back disability and bilateral lower extremity radiculopathy is vacated. The issues are now remanded due to lack of complete VA treatment records.

The Veteran's claim for service connection of lower back spasms, left and right lower extremity radiculopathy is granted. The claims are remanded due to the need for additional medical examination.

The Veteran's right lower extremity radiculopathy is rated at 40% since October 2, 2015. The claim for an earlier effective date of May 5, 2004, for the grant of service connection for right lower extremity radiculopathy was denied.

The Board denied an initial rating in excess of 10 percent for radiculopathy of the left and right lower extremities, finding that the symptoms more closely approximated mild incomplete paralysis.

The Veteran's service connection claim for IBS/diverticulitis is denied as the preponderance of evidence does not support an in-service incurrence.,Service connection is granted for right upper extremity neurological condition (radiculopathy and carpal tunnel syndrome) related to her military duties as a nurse. The Veteran's current left upper extremity neurological condition remains unclear due to insufficient information from the VA examination report.,The Veteran's service connection claim for left upper extremity neurological condition is remanded, with an addendum opinion required to determine if she has such a condition and whether it is related to her military service.

The Veteran's appeal for service connection for various conditions has been dismissed due to the Veteran's withdrawal of his claims.,Claims for increased ratings and earlier effective dates have been remanded.

The Veteran's hypertension is granted as service connected due to exposure to herbicides. Other claims are remanded for further development.

The Veteran's increased ratings for lumbar spine degenerative disc disease, left and right sciatic radiculopathy, and femoral radiculopathy are being remanded due to the need for further development.