Radiculopathy & sciatica decisions — 2019

The Veteran's head trauma to include TBI is granted as service-connected.,There is no current diagnosis of residuals from a fall to include left rib injury, and the claim for this issue is denied.,Service connection for radiculopathy/neuropathy of the arms is denied.,Service connection for radiculopathy/neuropathy of the legs is denied.,Service connection for back injury is denied.

The Veteran's appeal for an initial, compensable rating for service-connected painful scars of the right knee was dismissed as he withdrew his claim.,The Veteran's appeal for an earlier effective date for left knee disability was denied because no new and material evidence was submitted after the July 2008 Board decision.,The Veteran's appeal for an earlier effective date for radiculopathy with nerve involvement affecting bilateral lower extremities was denied as his claim was implicitly denied in the July 2008 Board decision.

The Veteran's low back disability, left lumbar radiculopathy, and bilateral plantar fasciitis with bilateral plantar spurs and left calcaneal bursitis have been granted initial ratings of 20 percent. The Veteran's overactive bladder has been granted an initial rating of 40 percent.

The Veteran's cervical spine disability is granted as service-connected. The cases of rating higher for low back and radiculopathy disabilities, and determining effective dates are remanded.

All four issues on appeal (service connection for thoracolumbar and cervical spine disabilities, and right and left upper extremity radiculopathy) have been denied as they are considered final decisions based on the timing of the Veteran's initial service connection grants.

A rating higher than 40 percent for lumbosacral sprain with degenerative disc disease prior to March 9, 2016, and higher than 10 percent thereafter is denied.,An initial rating higher than 20 percent for left leg radiculopathy from March 9, 2016 is denied.,An initial rating higher than 20 percent for right leg radiculopathy from March 9, 2016 is denied.

The Board has remanded the claims for cervical spine, bilateral shoulder, and bilateral arm disorders due to outstanding VA and private treatment records. The Veteran's service connection claims will be adjudicated again after obtaining additional evidence.

The Board has remanded the Veteran's claims for further development due to inadequate VA examinations and incomplete opinions.

The Board has denied the Veteran's claims for service connection for left shoulder disability, sciatica of the left lower extremity, and sciatica of the right lower extremity due to a lack of competent and credible evidence linking these conditions to his military service.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) effective May 5, 2017. The decision is based on the severity of his service-connected disabilities.

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment, and his TDIU claim is granted effective September 13, 2018. The issue of an initial rating in excess of 20 percent for lumbar spine DDD and disc disease with compression fracture at L4 is remanded.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal before a decision was made.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for adjudicating the merits of the claims.

The Veteran's initial rating for his service-connected low back disability is granted at a 40 percent, but no higher. The case is remanded for further action on the issues of entitlement to separate ratings for radiculopathy and TDIU.

Service connection for radiculopathy of the bilateral lower extremities is granted. Service connection for a neurological disorder of the bilateral upper extremities is remanded.

The Veteran's claims for initial ratings in excess of 10 percent for peripheral neuropathy of the right and left sciatic nerves prior to March 29, 2017, are denied.,The Veteran's claims for service connection for bilateral nuclear sclerotic cataracts and bilateral primary open angle glaucoma, both secondary to diabetes, are remanded.

The Veteran's increased ratings for lumbar disc disease and right S1 radiculopathy are granted, but the issue of entitlement to TDIU is remanded.

The Veteran's initial disability evaluation for right lower extremity radiculopathy is granted at a 20 percent rating. The case is remanded for further evaluations of his lumbar spine disability and TDIU claim.

The Veteran's lumbar spondylosis is rated at 40 percent disabling, effective December 10, 2018. The rating for right and left lower extremity radiculopathy remains denied, as does the rating for partial paralysis of both femoral nerves.

The Veteran's appeal for an increased rating of TBI has been dismissed. The Board has also remanded the issues regarding service connection for a cervical spine injury and radiculopathy of the upper extremities, as these claims require further development.