Radiculopathy & sciatica decisions — 2020

The Veteran's cervical spine disability, including cervical disc disease with radiculopathy, is related to his in-service injury. However, the VA examiner did not provide an adequate rationale for linking the current cervical disc disease to the in-service cervical strain. Therefore, a new examination is needed.

The Veteran's MDD was initially evaluated at 50 percent from August 10, 2010 to December 3, 2018. From December 4, 2018 onwards, his MDD is rated as 100 percent disabling.

The Board has granted a separate 20 percent rating for radiculopathy of the right upper extremity, but denied a higher rating for cervical spine disability.

The Board has decided to remand the case due to the need for additional development, including obtaining outstanding VA and private treatment records.

The Board has remanded the case for further examination to determine if the Veteran requires aid and attendance due to his service-connected disabilities, as opposed to non-service-connected ones.

The Veteran's service-connected radiculopathy of the right lower extremity, associated with degenerative joint disease at L4-L5 and L5-S1 of the lumbar spine, is currently rated as 20 percent disabling.,The Veteran's service-connected radiculopathy of the left lower extremity, associated with degenerative joint disease at L4-L5 and L5-S1 of the lumbar spine, is currently rated as 20 percent disabling.

The Veteran's claims for higher initial ratings for his service-connected lumbar strain with degenerative arthritis and left lower extremity radiculopathy are being remanded due to the need for additional examination.,The Veteran's claims for higher initial ratings for his service-connected lumbar strain with degenerative arthritis and left lower extremity radiculopathy are being remanded due to the need for additional examination.

The Veteran's claim for an increased rating for his lumbar spine disability, radiculopathy of the left and right lower extremities, and mental disorder was denied.,An effective date earlier than May 8, 2018, for a 100% rating for bipolar disorder is denied.

The Veteran's claim for service connection for a chronic headache disorder is granted. The claims for service connection for right lower extremity neurological disorder, degenerative disc disease of the lumbar spine, femoral radiculopathy, and sciatic radiculopathy are denied.

The Veteran's appeal for a higher rate of special monthly compensation based on loss of use of a creative organ was denied.,The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus was denied.

The Board has denied the Veteran's claims for initial compensable ratings for bilateral hearing loss and increased ratings for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The case is remanded to obtain additional medical records and provide the Veteran with a new VA examination.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

Service connection for bilateral hearing loss is granted. The effective date for tinnitus service connection is denied as there was no prior claim on a standard form prescribed by the Secretary. A rating of 70 percent for recurrent major depressive disorder with alcohol/drug use disorder from October 6, 2015 but not earlier is granted.

The Veteran's lumbar spine disability and bilateral radiculopathy were granted a total rating based on individual unemployability due to service-connected disabilities (TDIU). The claims for increased ratings for the lumbar spine disability, LLE radiculopathy, and RLE radiculopathy were denied.

The Board has granted service connection for radiculopathy of the right lower extremity and remanded the issues regarding left lower extremity radiculopathy and evaluation in excess of 30 percent for residuals of lacerations of the right radial nerve.

The Veteran's claims for increased ratings for cervical spine disability and right upper extremity radiculopathy are being remanded due to the need for additional medical opinions regarding functional loss over time and during flare-ups.

The Veteran's left lower extremity radiculopathy is rated at 60 percent, effective January 21, 2011. Service connection for right lower extremity radiculopathy secondary to degenerative disc disease of the lumbosacral spine on a causation basis is granted.

The Veteran's request for an earlier effective date and a higher initial rating for left lower extremity radiculopathy is denied. The claim was not filed prior to January 20, 2016.

The Board has granted service connection for right lower extremity radiculopathy, finding that the Veteran's symptoms began during active service.

The appeal of whether new and material evidence has been submitted to reopen a claim for radiculopathy of the right upper extremity is dismissed.,The appeals of entitlement to service connection for skin condition, to include as due to Gulf War Syndrome, are dismissed.