Radiculopathy & sciatica decisions — 2020

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records, specifically from Cleveland VAMC. The claim for SMC based on the need for aid and attendance is also being remanded as part of these issues.

The Veteran's service connection claim for degenerative disc disease of the cervical spine was denied as there is no evidence that it became manifest in service or within a year after separation.,Service connection for peripheral neuropathy of the left and right upper extremities, including as secondary to service-connected degenerative disc disease of the cervical spine, was also denied due to lack of medical evidence linking these conditions to service or service-connected disabilities.,The Veteran's radiculopathy of the lower extremities, which is now considered service connected, was granted. The Board found that the symptoms were related to his lumbar spine disability and not directly related to service.

The Board has dismissed all claims for service connection due to the death of the appellant.

The Veteran's claim for a rating in excess of 40 percent for chronic lumbosacral strain with degenerative disc disease was denied.,The Veteran's claim for a rating in excess of 10 percent for right lower extremity radiculopathy prior to June 11, 2018 was denied.,The Veteran's claim for a rating in excess of 20 percent for right lower extremity radiculopathy from June 11, 2018 was denied.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since January 31, 2013. Effective October 8, 2019, the Veteran is granted a TDIU.

The Board has remanded the Veteran's claims for cervical spine disability, right and left lower extremity radiculopathy, lumbar spine disability, and SMC based on aid and attendance or housebound status due to outstanding VA treatment records and scheduling of examinations.

The Board has remanded the Veteran's claims for service connection due to incomplete records and further development is required.

The Board has remanded the issues of service connection for radiculopathy, left and right upper extremities as secondary to service-connected cervical strain and left neural foraminal stenosis due to additional development needed.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to service-connected right and left lower extremity radiculopathy, as well as his claim for TDIU. The remand is required because the VA examiner’s opinion on functional impairment was inadequate.

The Veteran's lumbar disc disease and radiculopathy of the lower extremities have been rated, but his claims for increased ratings remain denied.

The Veteran's right knee arthritis and lower extremity radiculopathy have been denied increased ratings.,Service connection for upper extremity peripheral disabilities has also been denied.

The Veteran's cervical spine arthritis and left upper extremity radiculopathy are not service-connected, and the claim for a higher rating for DDD of the lumbar spine is denied.

The Board has dismissed the appeals for right cervicothoracic pain and tinnitus as they have been withdrawn by the Veteran. The remaining issues of service connection for various conditions are remanded due to new evidence being added to the record.

The Veteran's claim for a higher rating for bilateral hearing loss was denied due to his failure to report for a scheduled VA examination.,Service connection for an acquired psychiatric disorder, including schizoaffective disorder, was denied as the evidence did not show that it began during service or is related to in-service injury or disease.,Service connection for a low back condition and bilateral lower extremity radiculopathy were also denied because there was no current diagnosis of these conditions.,The Veteran's claim for bilateral lower extremity radiculopathy secondary to his low back condition was denied as the evidence did not show that he had a currently diagnosed low back disability or bilateral lower extremity radiculopathy.

The Veteran's claims for increased ratings were denied. The rating for arthritis of the thoracolumbar spine, diabetes mellitus type 2, left and right lower extremity sciatic nerve diabetic peripheral neuropathy, and tinnitus have all been denied.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Board has decided to remand the cases for further examination and evaluation due to incomplete review of submitted documents.

The Veteran's skin disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board found no causal relationship between the Veteran’s skin disability and his service, including exposure to Agent Orange. The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, but does not meet the schedular criteria for TDIU as of August 20, 2009.

The Veteran's appeal is remanded due to inadequate VA examination for his service-connected thoracolumbar spine disability and radiculopathy of the right lower extremity. Additional development, including a new VA examination, is needed.

The Veteran's initial rating for radiculopathy of the left upper extremity was increased to 50 percent from October 23, 2019. The right upper extremity remains rated at 40 percent.