Radiculopathy & sciatica Board decisions

The Board has dismissed the Veteran's appeals for service connection of abdominal aortic aneurysm and renal mass, as well as his claims for higher ratings on several other disabilities. The remaining issues have been remanded for further development.

The claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is denied because the Veteran did not meet the criteria of being continuously rated totally disabled for at least 10 years immediately preceding his death.

The Veteran's claim for an increased rating for degenerative disc disease L4-5 and L5-S1 was denied as his disability does not more nearly approximate the criteria for a higher evaluation.

The Veteran's increased rating claim for lumbar spine disability and TDIU claim were both denied. The Board found that the evidence did not support a higher rating for the lumbar spine disability, as there was no unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Veteran's appeals for increased ratings of PTSD, TDIU, Degenerative Disc and Joint Disease, and Radiculopathy were dismissed as the Veteran withdrew these appeals at a Board hearing.

The Board has remanded several issues related to the Veteran's service connection claims, including back disability, radiculopathy of the lower extremities, pes planus, right and left ankle disabilities, sinusitis, asthma, and an acquired psychiatric disability. The remand requires obtaining additional medical records and opinions regarding these conditions.

The Veteran's cervical spine disability, including cervical disc disease with radiculopathy, is related to his in-service injury. However, the VA examiner did not provide an adequate rationale for linking the current cervical disc disease to the in-service cervical strain. Therefore, a new examination is needed.

The Veteran's MDD was initially evaluated at 50 percent from August 10, 2010 to December 3, 2018. From December 4, 2018 onwards, his MDD is rated as 100 percent disabling.

The Board has granted a separate 20 percent rating for radiculopathy of the right upper extremity, but denied a higher rating for cervical spine disability.

The Board has decided to remand the case due to the need for additional development, including obtaining outstanding VA and private treatment records.

The Board has remanded the case for further examination to determine if the Veteran requires aid and attendance due to his service-connected disabilities, as opposed to non-service-connected ones.

The Veteran's service-connected radiculopathy of the right lower extremity, associated with degenerative joint disease at L4-L5 and L5-S1 of the lumbar spine, is currently rated as 20 percent disabling.,The Veteran's service-connected radiculopathy of the left lower extremity, associated with degenerative joint disease at L4-L5 and L5-S1 of the lumbar spine, is currently rated as 20 percent disabling.

The Veteran's claims for higher initial ratings for his service-connected lumbar strain with degenerative arthritis and left lower extremity radiculopathy are being remanded due to the need for additional examination.,The Veteran's claims for higher initial ratings for his service-connected lumbar strain with degenerative arthritis and left lower extremity radiculopathy are being remanded due to the need for additional examination.

The Veteran's claim for an increased rating for his lumbar spine disability, radiculopathy of the left and right lower extremities, and mental disorder was denied.,An effective date earlier than May 8, 2018, for a 100% rating for bipolar disorder is denied.

The Veteran's claim for service connection for a chronic headache disorder is granted. The claims for service connection for right lower extremity neurological disorder, degenerative disc disease of the lumbar spine, femoral radiculopathy, and sciatic radiculopathy are denied.

The Veteran's appeal for a higher rate of special monthly compensation based on loss of use of a creative organ was denied.,The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus was denied.

The Board has denied the Veteran's claims for initial compensable ratings for bilateral hearing loss and increased ratings for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The case is remanded to obtain additional medical records and provide the Veteran with a new VA examination.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

Service connection for bilateral hearing loss is granted. The effective date for tinnitus service connection is denied as there was no prior claim on a standard form prescribed by the Secretary. A rating of 70 percent for recurrent major depressive disorder with alcohol/drug use disorder from October 6, 2015 but not earlier is granted.

The Veteran's lumbar spine disability and bilateral radiculopathy were granted a total rating based on individual unemployability due to service-connected disabilities (TDIU). The claims for increased ratings for the lumbar spine disability, LLE radiculopathy, and RLE radiculopathy were denied.