Radiculopathy & sciatica Board decisions

The Veteran's claims for increased ratings for low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy were denied. The VA examinations indicated that the Veteran had limited range of motion in his lumbar spine and legs, with pain affecting his ability to perform daily activities.

The Veteran's tinnitus is currently rated as 10 percent disabling, effective September 12, 2012. The claim for an increased rating must be denied based on a lack of entitlement under the law.,The Veteran filed his claim of entitlement to service connection for headaches more than one year after his separation from active service and years following the first complaints and/or treatment for headaches. An effective date prior to August 24, 2017, is not warranted as the claim was received in August 24, 2017.,The Veteran's erectile dysfunction, anxiety and mood disorder, and TBI disabilities are currently rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran has not been afforded a VA examination to determine if he has an eye disability (macular holes) due to his military service. A remand is required to schedule such an examination.,The Veteran's PTSD claim remains pending as there is conflicting evidence of record regarding whether the Veteran currently has PTSD. A new VA examination is needed to clarify this issue.,The Veteran's right shoulder disability, bilateral knee disabilities, cervical strain, and left lower lumbar radiculopathy are rated based on their severity under the applicable rating criteria. The claims for increased ratings remain in controversy as less than the maximum benefit available was awarded.,The Veteran's lumbosacral DDD, right calcaneal spurring, and left lower lumbar radiculopathy disabilities have not been evaluated since April 2019. A new VA examination is needed to evaluate these conditions based on their current severity.,The Veteran's headaches are currently rated as 50 percent disabling under DC 8100. The claim for an evaluation in excess of 50 percent remains pending and a remand is required to schedule the Veteran for a VA examination to assess his functional impairments, if any.,The Veteran has not been afforded a VA examination to determine whether he should be granted earlier effective dates prior to August 24, 2017. A new VA examination is needed to evaluate these issues based on their current severity.,The Veteran's nonservice-connected pension claim remains pending as the remanded issues could significantly impact this decision.

The Veteran's PTSD is rated at 100% and he is granted an increased rating. Additionally, SMC at the housebound rate is granted from May 14, 2015 to November 11, 2015 and from February 1, 2016 to April 4, 2016.

The Board denied service connection for bilateral hearing loss, left leg sciatica, and allergic rhinitis as the evidence did not show current diagnoses or a link to service.,Service connection requires proof of a current disability. The Veteran does not have a diagnosed condition that meets VA criteria for a disability in any of these cases.

The Veteran's appeal is remanded for additional development to determine the etiology of his nonspecific interstitial pneumonitis and to obtain private treatment records from Dr. J.P. and Paradigm Orthopedics.

The Veteran's sciatic and femoral neuropathies have been granted a rating of 20 percent prior to August 2, 2010. From October 18, 2019 onwards, the ratings for sciatic neuropathy are 40 percent each leg and for femoral neuropathy are 30 percent each leg.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy have been remanded due to the need for additional development. The low back disability claim is also being remanded.

The Veteran was granted a Total Disability Rating Based on Individual Unemployability (TDIU) effective November 28, 2007. The Board found that the Veteran's service-connected disabilities rendered him unemployable beginning February 8, 2006.

The Board denied the Veteran's claim for service connection of a back condition, finding that there is no evidence to support a link between his current low back disability and an in-service injury or disease.

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.