Radiculopathy & sciatica decisions — 2020

The Veteran's claims for service connection and effective dates have been denied. The Board found that the earliest date of receipt of a claim was August 30, 2016.

The Veteran's appeal of the initial rating assigned for aortic valve insufficiency is granted with an effective date of April 29, 2008. The ratings for left knee patellar tendonitis and lumbar paraspinal tendonitis with degenerative disc disease are remanded due to inadequate examinations.

The Veteran's left foot wound or ulcer is granted service connection as it is aggravated by his service-connected diabetes. The Veteran's bilateral lower extremity peripheral neuropathy and CAD are not rated higher than the current assigned ratings.

The Veteran's TBI, headaches, intervertebral disc disease of the lumbar spine, right knee strain, tinnitus, left wrist sprain, right wrist sprain, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity have led to a TDIU being granted. The Veteran's service-connected disabilities significantly impair his ability to secure or follow a substantially gainful occupation.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's low back disability with radiculopathy is related to VA spine surgeries and associated care. The case will be reviewed by a qualified spine surgeon who should provide an opinion on the likelihood of additional disabilities resulting from VA treatment, including negligence or similar instances.

The Board has decided to remand several claims, including those for increased ratings and TDIU. The main issues are related to the Veteran's heart condition and spine conditions.

The Veteran's sciatica and femoral nerve disorders of the lower extremities are granted with a rating of 20 percent, effective from specific dates for each issue.

The Board has remanded the claims for bilateral hearing loss, lumbar disc degeneration, and right lower extremity radiculopathy due to inadequate medical opinions in the May 2014 VA examination. The Veteran's statements of in-service acoustic trauma need to be considered by a new examiner.

The Veteran's claim for an initial compensable rating for bilateral hearing loss is remanded.,The Veteran's claim of service connection for peripheral neuropathy of the bilateral upper and lower extremities (polyneuropathy) is remanded due to a lack of updated private treatment records from his lifetime providers.,The Veteran's claim of service connection for radiculopathy of the bilateral upper and lower extremities is remanded.,The Veteran's claim of service connection for erectile dysfunction, to include as secondary to service-connected disabilities, is remanded.,The Veteran's claim of service connection for a gastrointestinal disability, to include GERD, to include as secondary to service-connected disabilities, is remanded.,The Veteran's claim of service connection for depression and anxiety, to include as secondary to service-connected disabilities, is remanded.

The Veteran's DDD of the thoracolumbar spine is rated at 40 percent effective September 14, 2012. The left lower extremity radiculopathy was initially rated at 20 percent prior to November 11, 2019 and then increased to 40 percent from that date. TDIU is granted effective June 7, 2012.

The Veteran's claim for a urinary condition was denied as there is no evidence of such a condition.,Major depressive disorder was granted at 70% prior to February 8, 2017 and at 100% from May 18, 2018. The rating in excess of 70% for the period before February 8, 2017 is denied.,Service connection for low back disorder was denied as it did not meet the one-year requirement after separation from service.,Right lower extremity radiculopathy and left lower extremity radiculopathy were granted secondary to the service-connected low back disorder. The rating in excess of 20% is denied for both conditions starting December 9, 2015.

The Veteran's service-connected disabilities, including his lumbar spine and radiculopathy conditions, do not render him unemployable for purposes of establishing entitlement to TDIU or SMC housebound.

The Board has remanded three issues related to service connection for various conditions, including a lumbar spine disorder and bilateral knee disorders. The decision does not specify the rating assigned or effective date.

The Board has denied the Veteran's claim for a separate rating for spinal stenosis associated with his service-connected low back disability, and has remanded the claims for increased ratings for multiple herniated discs of the lumbar spine with bilateral radiculopathy and TDIU.

The Board has remanded the Veteran's claims for increased ratings and special monthly compensation based on need for regular aid and attendance due to service-connected disabilities. The Veteran is found to be so helpless as to need regular aid and attendance, warranting special monthly compensation.

The Board has remanded the Veteran's claims for right lower extremity sciatic nerve radiculopathy and degenerative disc disease of the lumbar spine due to insufficient evidence in the record, including a lack of recent VA examination.

The Veteran's appeal for an earlier effective date for service connection of left ear hearing loss is dismissed.,Service connection has been granted for tinnitus.

The Board has remanded the Veteran's claims of increased rating for lumbar spine disability, service connection for left and right lower extremity radiculopathy, and service connection for depression due to their relationship with his service-connected lumbar spine disability.

The Veteran's claim for an increased disability rating for thoracolumbar scoliosis is being remanded due to the reliability of a previous VA examination and the need for a new one.

The Veteran's initial rating for lumber spine disorder, left and right lower extremity radiculopathy, and bilateral hearing loss has been granted. The Veteran is also eligible for special monthly compensation based on the need for regular aid and attendance.