Radiculopathy & sciatica Board decisions

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a left hip disability and chronic fatigue with sleep problems, depression, and anxiety. The Veteran's hypertension and headaches were denied as there is no evidence of such conditions in service or related to service.,For the issues of increased ratings for radiculopathy of the lower extremities, the Board has determined that new and material evidence has not been received to reopen these claims.

The Board has remanded the claims for bilateral hip, left shoulder, right shoulder and right upper extremity radiculopathy disabilities due to additional development being required.

The Board has remanded the claims for TMJ, lumbar spine disability, left lower extremity radiculopathy, and TDIU due to incomplete or insufficient evidence. The Veteran needs a new examination for TMJ and an addendum opinion regarding his back condition.

The Veteran's service-connected chronic low back strain has been granted increased ratings for lumbar radiculopathy of the RLE, LLE, and depression. Service connection is also granted for a cervical spine condition secondary to his service-connected chronic low back strain.

The Board granted a disability rating of 70 percent for depressive disorder with anxious distress, effective December 10, 2015. The Veteran was granted TDIU and DEA benefits effective February 12, 2007.

The Veteran's claim for increased evaluation of intervertebral disc syndrome (60%) has been denied.,The Veteran's claim for increased evaluation of right lower extremity radiculopathy prior to March 13, 2018 (10%) has been denied.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, effective August 27, 2012. The left lower extremity radiculopathy remains denied.

The Veteran's service connection claims for diabetes mellitus, radiculopathy of the right and left lower extremities, and increased rating for degenerative joint disease, lumbar spine with intervertebral disc syndrome have all been denied.,Service connection was not granted because there is no evidence of herbicide exposure during service. The Veteran's lay statements regarding herbicide exposure were found to be inconsistent with the places, types, and circumstances of his service.

The Veteran withdrew his appeals for earlier effective date and increased ratings for bilateral hearing loss, lumbar spine disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's kidney cancer is not service-connected as it did not begin during his military service and there is no evidence linking the condition to in-service events or exposures.,There is insufficient evidence to establish a right hip or thigh disability, right gluteal muscle disability, or sciatic nerve disability of the right lower extremity. The Veteran has not been diagnosed with these conditions at any point during his claim period.,The Veteran's left hip or thigh condition (rhabdomyolysis with myonecrosis) and left sciatic neuropathy are service-connected as they were caused by a right partial nephrectomy performed in 2017, which the VA was found to be at fault for.,No rating has been assigned due to lack of current disability.

The Board has determined that the Veteran's service-connected lumbar radiculopathy, both lower left and right extremities, warrants a remanded for further evaluation as the most recent VA examination is outdated.

The Board has remanded several claims for service connection due to the lack of a separation examination report. The Veteran's active service from May 1989 to May 1993 is noted, and he elected to have a separation medical examination prior to his discharge.

The Board has remanded the Veteran's claim for service connection for a neck disability, including pain and radiculopathy, as secondary to his service-connected chronic bilateral knee strain due to insufficient evidence regarding the etiology of the condition.

The Veteran's claims for service connection have been denied as the evidence does not support a finding that any of his claimed conditions are related to military service or secondary to a service-connected disability.

The Board has remanded the Veteran's claims for service connection for a neuropsychological disability, lumbar strain, and bilateral lower extremity radiculopathy due to contaminated water exposure at Camp Lejeune. The AOJ is instructed to schedule examinations to determine the nature and etiology of these disabilities.

The reduction of the rating for lumbar spine degenerative disc disease and degenerative joint disease from 40 percent to 20 percent, effective March 5, 2015, was improper. The 40 percent rating is restored, effective March 5, 2015.

The Veteran's claims for increased ratings for left lower extremity radiculopathy and recurrent low back strain were denied. The Board also found that the Veteran's claim for a total disability evaluation based on individual unemployability was not properly adjudicated.

The Veteran's appeals for service connection for ischemic heart disease, acquired psychiatric disability, hypertension, and erectile dysfunction have been granted. The appeal for headaches has also been granted. However, the appeals for right upper extremity neurological disability, left lower neurological disability (other than sciatica), and right lower extremity neurological disability are being remanded.

The Board has remanded the case due to inadequate examination for assessing the severity of the Veteran's lumbosacral strain and radiculopathy. The Veteran is seeking increased ratings for his service-connected conditions.

The Board has determined that the Veteran's lumbar spine, left and right lower extremity radiculopathy, and obstructive sleep apnea disabilities require further examination to determine their current severity. The TDIU claim is also remanded due to its inextricable link with the other claims.