Radiculopathy & sciatica decisions — 2019

The Board has granted service connection for cervical and lumbar spine conditions, as well as neurological disorder of bilateral upper extremities and radiculopathy of bilateral lower extremities. Service connection for erectile dysfunction is denied.

The Veteran's headache disorder is related to service, and the Board has granted service connection for this condition. The issues of service connection for a back disorder, left thigh disorder, bilateral hearing loss, and an acquired psychiatric disorder are remanded for further development.

The Board has decided to remand the Veteran's claims for increased ratings and other issues due to incomplete development. The Veteran will need to provide additional VA treatment records, Social Security Administration (SSA) records, and undergo examinations.

The Veteran's PTSD symptoms have been rated at the highest possible disability rating since November 28, 2012. Effective August 15, 2018, he is entitled to a TDIU based on his service-connected PTSD and additional disabilities that are also service connected.

The Board has determined that the Veteran does not have a current right hand disability separate and distinct from his already service-connected cervical spine and right upper extremity disabilities. Therefore, service connection for a right hand disability is denied.

The Veteran's appeals for increased ratings and service connection are being remanded due to the need for additional medical examinations and evaluations.

The Veteran's hypertension and bilateral foot disability claims were denied as new and material evidence was not submitted.,Service connection for thoracic aortic aneurysm, chest pain, PTSD, lumbar spine arthritis, bilateral shoulder disability, bilateral ankle swelling/disability, CAD, prostate cancer, chronic kidney disease, anemia, diabetes mellitus, type II, bilateral lower extremity radiculopathy, and obstructive sleep apnea were all denied due to lack of evidence linking these conditions to service.

The Veteran's service-connected disabilities prior to August 21, 2010, were found to be of such nature and severity as to prevent him from securing or following substantially gainful employment.

The Board has granted service connection for left shoulder disability, right shoulder disability, right index finger disability, low back disability, skin disability, and sciatica of both lower extremities. The decision is based on the Veteran's credible statements regarding in-service injuries and current diagnoses.

The Veteran's combined disability rating of 30 percent effective May 27, 2015 was properly calculated as he had four service-connected disabilities each rated at a 10 percent.

The Veteran's back brace caused wear and tear to his clothing, leading the Board to grant a clothing allowance for the 2017 calendar year.

The Board has granted an effective date of June 7, 2010 for the award of service connection for right lower extremity radiculopathy. The Veteran had moderate right lower extremity radiculopathy since at least June 7, 2010.

The Veteran's service-connected lumbar spine DDD with IVDS and myelopathy, as well as his bilateral lower extremity radiculopathies, are currently rated at 40 percent. The Board found that the evidence did not support a higher rating due to lack of ankylosis or prescribed bedrest during any calendar year.

The Veteran's claim for service connection for erectile dysfunction is remanded due to the need for a supplemental medical nexus opinion.,The Veteran's claim for special monthly compensation based on loss of use of a creative organ is also remanded as it is inextricably intertwined with the issue of service connection for erectile dysfunction.

The Veteran's cervical spine radiculopathy into the bilateral upper extremities is granted.,Higher disability ratings for dorsal and low back strain, chronic cervical strain/degenerative disc disease (DDD), neuropathy of the left lower extremity, and neuropathy of the right lower extremity are remanded.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, and his appeal for a higher rating has been remanded.,For TDIU, the Veteran meets the statutory criteria with combined ratings of 90 percent due to PTSD (80%) and lumbar degenerative disc disease (40%).

The Veteran was previously denied a total disability rating based on individual unemployability due to service-connected disabilities. The Board has now granted this claim effective January 14, 2017.

The Veteran's claims for liver damage, AC joint arthritis of the left shoulder, carpal tunnel syndrome of the right and left wrist, degenerative disease of the left knee, degenerative changes of the right knee, chronic cervical strain with radiculopathy/neuropathy, lumbar strain, allergic rhinitis, and PTSD have all been denied. The Veteran's claim for prurigo is remanded.

The Board has remanded the claims for low back disability, degenerative disc disease of the cervical spine with left upper extremity radiculopathy, hypertension, and psychiatric disability (including PTSD, depression, and nervous disorder) due to incomplete records and need for additional information regarding stressors.

The Veteran's spondylolisthesis and sciatic radiculopathy are rated based on their respective conditions, with the spondylolisthesis receiving staged ratings. The Veteran is also seeking a TDIU prior to June 2, 2017.,Service connection for neck disability secondary to spondylolisthesis remains pending and requires further evaluation.