Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities alone have resulted in his need for aid and attendance in the activities of daily living, which is granted.

The Veteran's claim for an increased rating for diabetes mellitus, type II with erectile dysfunction was denied as the evidence did not show that his condition required more than one daily insulin injection and regulation of activities. The claim for SMC based on need for aid and attendance or housebound status was also denied due to lack of evidence showing he needed regular assistance.

The Veteran's petition to reopen his previously denied claims for left ear hearing loss, right ear hearing loss, and tinnitus was granted. The Veteran's radiculopathy of the lower extremities is also service connected.

The Veteran's claim for service connection for an acquired psychiatric disorder, claimed as an adjustment disorder with depression, is dismissed without prejudice.,A rating in excess of 10 percent for a back disability is denied. The evidence does not show forward flexion of the thoracolumbar spine less than 60 degrees or a combined range of motion of the thoracolumbar spine of 120 degrees or less, which would warrant a higher rating.

The Board has remanded the claims due to a failure to obtain all VA treatment records from May 2016 onwards.

The Veteran's current cervical spine disorders are not etiologically related to service or his service-connected tinnitus.

The Veteran's service-connected disabilities did not prevent him from performing the physical and mental acts required for employment prior to March 18, 2014.

The Board denied the Veteran's request to reenter the VA vocational rehabilitation and employment program, finding that her service-connected disabilities did not worsen to the extent that she was precluded from performing work duties or that her previously rehabilitated occupation was unsuitable.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further evaluation. The Veteran also has pending issues regarding his right knee, left knee, depressive disorder (stress disorder), and TDIU.

The Board has remanded the issues of whether reductions in evaluations for cervical ulnar radiculopathy were proper, as well as entitlement to increased evaluations. The Veteran underwent a VA examination but it was not reviewed by the RO.

The Veteran's service connection claims for degenerative disc disease of the cervical spine with scoliosis, degenerative disc disease of the thoracolumbar spine with spinal stenosis, and right leg sciatica have been granted. The claim for left leg disability is being remanded.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations and development of records. The TDIU claim is also inextricably intertwined with these issues.

The Board has remanded the claims for service connection for a lumbar spine disability and right lower extremity neuropathy/radiculopathy due to conflicting evidence regarding the onset of symptoms.

The Veteran's low back disability and sciatic radiculopathy of the left lower extremity have been granted ratings, with the exception that a higher rating is not warranted for the latter condition prior to December 12, 2016.

The Board denied service connection for spinal stenosis and LLE radiculopathy as there is no evidence of current disability related to service or a service-connected condition.

The Board denied service connection for left upper extremity and right upper extremity radiculopathy as there is no current diagnosis of the condition.

The Veteran's right and left lower extremity radiculopathy are granted with initial disability ratings of 20 percent each, effective from the date of his claim in February 2011.

The Board has remanded the claim of service connection for degenerative disc disease (DDD) of the lumbar spine with stenosis and radiculopathy due to a lack of an examination addressing the Veteran's theory of entitlement. The matter is now pending for further review.

The Veteran's service connection for left and right lower extremity radiculopathy, tension headaches, and low back disability have been granted with effective dates of March 26, 2010. The earlier effective date for TDIU has been remanded.,Service connection for a heart disability and hypertension remains pending and will be remanded.

The Veteran's claim for service connection for depressive disorder has been reopened and is granted. The case is remanded for further examination to determine the nature and etiology of any diagnosed psychiatric condition, as well as the current severity of his service-connected degenerative changes of the lumbar spine and radiculopathy disabilities.