Radiculopathy & sciatica Board decisions

The Veteran's claim for a higher rating for his acquired psychiatric disability was granted effective February 5, 2016. The appeal regarding the assignment of an earlier effective date for this rating is dismissed.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the left and right lower extremities involving the sciatic nerve have been denied.,For the entire disability rating period under appeal, the Veteran's degenerative disc disease of the lumbar spine was not manifested by forward flexion limited to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; or symptomatology resulting in incapacitating episodes having a total duration of at least four weeks during a 12-month period.,Prior to February 9, 2017, the Veteran's radiculopathy of the left lower extremity most nearly approximated moderate incomplete paralysis of the sciatic nerve. From February 9, 2017, and thereafter, the Veteran's radiculopathy of the right lower extremity most nearly approximated moderately severe incomplete paralysis of the sciatic nerve.,The criteria for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine have not been met. The criteria for a rating in excess of 20 percent for radiculopathy of the left lower extremity, affecting the sciatic nerve, have not been met. The criteria for a rating of 20 percent, and no higher for radiculopathy of the left lower extremity, affecting the sciatic nerve, prior to February 9, 2017, have been met. The criteria for a rating in excess of 40 percent for radiculopathy of the right lower extremity, affecting the sciatic nerve, from February 9, 2017, and thereafter, have not been met.

The Veteran's initial claim for a higher rating for his lower back disability prior to November 15, 2016 was denied. The Veteran's right lower extremity radiculopathy from November 15, 2016 also resulted in a denial of the requested increased ratings.,For both the lower back disability and right lower extremity radiculopathy, higher ratings were not granted as there was no evidence showing that the conditions warranted such an increase.

The Veteran's claims for increased ratings for his back disability and radiculopathy of the right lower extremity were denied. The Board found that the criteria for higher ratings were not met.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is dismissed as moot because the grant of service connection for right and left lower extremity radiculopathy, which are secondary to his service-connected cervical spine disabilities, renders the original claim moot.

The Board has determined that additional evidence is needed to determine the nature and etiology of the Veteran's claimed conditions, particularly regarding their relationship to service-connected disabilities. The case is being remanded for further examination and opinion.

The Board has remanded the case for further development, including obtaining a VA medical opinion and requesting tax returns from the Veteran. The issues of service connection for herniated cervical disc, earlier effective date for lumbar spine w/ bilateral lower extremity radiculopathy, neck, hearing loss, tinnitus and basal cell carcinoma scar, and entitlement to TDIU are being remanded.

The Board has granted service connection for lymphadenopathy. The Veteran's varicose veins are remanded due to the need for a medical opinion, and her cervical spine disability and related radiculopathies are also remanded for further examination.

The Veteran's appeals for increased ratings and effective dates have been dismissed as no adequate substantive appeal has been submitted.,The October 2012 rating decision denying service connection for obstructive sleep apnea is reopened due to the submission of new and material evidence.

The Board has remanded the Veteran's claims for increased evaluations of radiculopathy of the left and right lower extremities due to a lack of discussion on certain evidence in the previous decision.

The Board has remanded the Veteran's claims of entitlement to increased ratings for left and right lower extremity radiculopathy, as well as a low back disability. The Veteran is required to undergo additional examinations to determine the severity of his disabilities and their etiology.

The Veteran's claims for cervical strain and IVDS, right shoulder strain, migraines, and right ankle sprain were granted with effective dates of April 27, 2015.,However, the Board has determined that these effective dates are not appropriate due to various procedural issues.

The Veteran's rating for degenerative disc disease of the lumbar spine is denied as it does not meet the criteria for a higher rating.,A separate 20 percent rating for radiculopathy of the left lower extremity as of March 25, 2010, and a separate 10 percent rating for radiculopathy of the right lower extremity as of March 25, 2010, are proper.,The Veteran's claim for an increased rating for his back disability is remanded.

The Veteran's claim for higher ratings for radiculopathy of the right and left lower extremities has been denied. The initial rating for the right lower extremity is denied as it does not meet the criteria for a higher rating, while the increased rating for the left lower extremity from March 27, 2014 to present meets the criteria.

The Veteran's scar on the head is granted service connection.,Service connection for a lumbar spine disability is granted, but no increased rating is granted.

The Board denied the Veteran's claim for service connection for lumbar spine degenerative arthritis with spinal stenosis, finding that there was no evidence to support a direct link between his current condition and his military service.

The Board has remanded the Veteran's claims for increased ratings for his left and right lower extremity radiculopathy disabilities due to insufficient evidence from a previous VA examination.

The Veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, back disability, and radiculopathy, prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience. Therefore, entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Board has decided to remand the Veteran's claims for additional development, including obtaining English translations of Spanish documents and arranging for VA medical opinions regarding his carpal tunnel syndrome, migraines, and radiculopathy.