Radiculopathy & sciatica decisions — 2020

The Board has decided to remand the claims for radiculopathy of the bilateral lower extremities due to incomplete records and need for an addendum medical opinion.

The Veteran's radiculopathy of the left upper extremity is granted a 20 percent disability rating from April 1, 2010 to June 28, 2010. The TDIU claim for prior to September 26, 2010 is also granted.

The Veteran's service connection claim for sleep apnea is denied as there is no evidence linking the condition to his military service.,Service connection for degenerative changes of the lumbar spine, claimed as ankylosing spondylitis, is granted. The Veteran receives a disability rating of 10 percent based on forward flexion greater than 60 degrees and combined range of motion greater than 120 degrees.

The Veteran's carpal tunnel syndrome of the left upper extremity is denied as there is no evidence it began during service or is related to an in-service injury.,The Veteran's right upper extremity radiculopathy does not warrant a rating in excess of 20 percent due to mild incomplete paralysis.,The Veteran's right ankle disability has never resulted in marked limited motion and thus, the claim for a higher rating is denied.

The Veteran's claims for increased ratings for his left and right lower extremity peripheral neuropathy of the femoral and sciatic nerves were denied. The Veteran was granted a separate rating for diabetic peripheral neuropathy, but this claim is still considered to be on appeal.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected disabilities, specifically obesity.

The Board has remanded several claims for further development, including those related to the residuals of heat stroke, eye disability, nocturia, neck disability, left lower extremity radiculopathy, and left foot disability. The Veteran's service records indicate he was diagnosed with heat stroke in June 1976.

The Veteran's low back injury and associated radiculopathy have been rated at the maximum available rating of 40 percent, with no further increase possible.

The Board has remanded the claims for increased ratings and TDIU due to new evidence, but did not address service connection issues. The Veteran's current conditions include diverticulitis, hemorrhoids, hypertension, back disability (spine), and left lower extremity radiculopathy.

The Veteran's claim for service connection for a lumbar spine disability was granted, with the condition being determined to be directly related to his service without any presumption or secondary link.

The Board has remanded the claims of service connection for left ear hearing loss, skin cancer, low back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and sleep apnea due to inadequate medical opinions in the July 2014 VA examination.

The Veteran's claim for a higher rating for lumbar spine degenerative arthritis was denied as the current evaluation of 10 percent is considered adequate.,The initial 10 percent rating for left lower extremity radiculopathy from January 18, 2012 was granted. The Veteran’s actinic keratosis claim was also granted due to service connection being reopened on new evidence.

The Veteran's appeal has been dismissed as she and her representative have withdrawn all issues in appeal status.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is denied.,Service connection for right lower extremity radiculopathy is denied as it is not related to the service-connected lumbosacral strain.,The Veteran's claims for service connection for bilateral idiopathic neuropathy and an acquired psychiatric disorder (PTSD) are remanded, as well as his claim for TDIU.

The Board denied service connection for a right shoulder disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and balance impairment disorder due to the lack of medical evidence indicating current disabilities.,There is no current diagnosis or treatment records indicating any of these conditions.

The Board has determined that the cases must be remanded to correct a notice deficiency and obtain addendum opinions from the March 2017 VA examiner regarding the etiology of the Veteran's thoracic spine tumor, radiculopathy of the bilateral lower extremities, and chronic muscular strain. The issues include service connection for these conditions.

The Board has remanded the Veteran's claims of service connection for various knee, sciatica, and back disorders due to a lack of objective evidence supporting these conditions. The Veteran is required to undergo another VA examination to determine if her current symptoms are related to her military service.

The Veteran's major depressive disorder is rated at 70 percent, the maximum rating available.,The Board denied entitlement to a TDIU as there was no evidence showing that the Veteran could not secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has found that additional development is needed due to outstanding private treatment records and VA medical records. The case will be returned for further development.

The Board has already granted effective dates for the evaluations, but the Court ordered a remand due to missing VA medical records. The AOJ needs to obtain any outstanding VA medical records and provide an effective date prior to February 2, 2012.