Radiculopathy & sciatica decisions — 2021

The Veteran's claim for service connection for diabetes mellitus was denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for tinnitus is denied as the preponderance of evidence does not support a finding that it began during active duty or is related to noise exposure.,Service connection for a neck disorder is denied as there is no evidence linking the condition to service, and the Veteran's current diagnosis is attributed to natural aging process rather than in-service injury.,Service connection for hypertension is denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for a right knee disorder is denied as there is no evidence showing it began during active duty or is related to noise exposure.,Service connection for left knee disability is granted with a 20% rating effective from November 14, 2016.,Service connection for lumbar spine disability is denied due to lack of evidence showing in-service incurrence or aggravation.,Service connection for radiculopathy of the left lower extremity is granted with a 10% rating effective from June 11, 2018.,Service connection for radiculopathy of the right lower extremity is denied as there is no evidence showing it began during active duty or is related to noise exposure.,Service connection for somatic symptom disorder with predominant pain is granted with a rating in excess of 70% effective from November 14, 2016.

The Board has remanded the claims for sleep apnea, bilateral visual disability, left lower extremity radiculopathy, and a psychiatric disability due to potential errors in the examination reports and the need for additional medical records.

The Veteran's right sciatica associated with sacroiliitis is granted an increased rating of 20 percent effective March 7, 2011.

An effective date of March 3, 2015, for a 60 percent rating for coronary artery disease (CAD) is granted.,A 100 percent rating as of June 14, 2017, but no earlier, for CAD is granted.,An effective date of June 14, 2017, but no earlier, for the grant of special monthly compensation (SMC) at the housebound rate is granted.,A rating higher than 70 percent for PTSD for accrued benefits is denied.,A rating higher than 20 percent for diabetes mellitus type II (DMII), with erectile dysfunction, for accrued benefits is denied.,Rating higher than 30 percent prior to August 9, 2019, and higher than 60 percent thereafter for diabetic nephropathy with hypertension for accrued benefits is denied.

The Veteran's cervical spine disability is rated at 30 percent, and his right upper extremity radiculopathy is also rated at 20 percent. Both conditions are remanded for further development.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected intervertebral disc syndrome, left lower extremity radiculopathy, PTSD, and left shoulder labral tear.

The Veteran's claim for service connection for a back disorder is reopened, and the appeal is granted to this extent. The claims of secondary service connection for right leg paralysis, sciatic nerve neuralgia, and cirrhosis of the liver are remanded.

The Veteran's TDIU claim was denied as he does not meet the schedular criteria for an award of TDIU due to his service-connected disabilities, which include post-concussion syndrome with headaches, degenerative disc disease and lumbar strain, tinnitus, left knee patellofemoral syndrome, and radiculopathy of the right leg. The combined disability rating is 60 percent.

The Veteran's appeals for increased ratings on her service-connected hemiparesis of the left upper and lower extremities have been dismissed. A TDIU has been granted.

The Veteran's service-connected coronary artery disease, PTSD, lower back condition, and radiculopathies (sciatica) have been granted. A 100% disability rating has been assigned for CAD.

The Veteran's claims for increased ratings for left lower extremity radiculopathy, hypertension, hepatitis C, and PTSD were denied. The case was remanded for additional development.

The Veteran's radiculopathy of the right lower extremity (sciatic nerve) is granted a higher rating, and his degenerative disease (arthritis) of the lumbar spine is granted an increased initial rating. The Veteran's cervical spine disability, OSA, and memory loss are denied.

The Board has remanded the Veteran's claims for increased ratings due to insufficient reasons and bases provided in previous decisions. The case is returned for further development.

The Veteran's claim for an earlier effective date for service connection of radiculopathy of the left lower extremity is denied. The claim for a higher initial rating for his lumbar spine disability is granted with a 10% rating.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including mental health conditions, back pain, and nerve damage in his legs. The AOJ is instructed to consider all evidence received since the last Supplemental Statement of the Case.

The Veteran was granted a 20 percent rating for thoracic spine disability from September 8, 2010 to March 10, 2019.,A separate 20 percent rating was granted for sciatic radiculopathy of the right lower extremity and left lower extremity from March 11, 2019 to February 18, 2020.

The Veteran's claims for service connection and increased ratings are denied as a matter of law due to failure to report for VA examinations.,An effective date earlier than February 28, 2001, for the low back disability is also denied.

The Veteran's left lower extremity radiculopathy has been rated at 10 percent prior to February 18, 2020 and at 20 percent thereafter. The Board denied an increased rating above these levels.

The Veteran's claims for increased evaluations of his thoracolumbar-spine disorder, right-lower-extremity radiculopathy, and left-lower-extremity radiculopathy have been denied. The Veteran also had a claim for TDIU which was denied.

The Veteran's bilateral hearing loss is rated as noncompensable, and no higher rating is warranted.,For the period from February 10, 2016 through October 10, 2017, the Veteran was granted a 40 percent rating for degenerative arthritis of the lumbar spine. Since then, his disability has not warranted an increased rating.