Radiculopathy & sciatica Board decisions

The Veteran's claims for fibromyalgia, anemia, hypoglycemia, and sciatic nerve condition have been denied. The claims for chronic fatigue syndrome, food sensitivities/ allergies, and yeast infections/candidiasis are being remanded due to the need for additional development.

The Veteran's appeals for earlier effective dates have been dismissed as he withdrew his appeal in September 2017.

The Board has remanded the case for further action, including determining if the appellant is a proper substitute claimant and obtaining additional evidence. The TDIU claim will be adjudicated again after these actions.

The Veteran's back condition is rated at 20 percent, which does not meet the criteria for a higher rating due to limited forward flexion.,The Veteran's radiculopathy of the left lower extremity has been rated at 20 percent, with no episodes requiring bedrest in the past year.

The Veteran's claim for service connection for a back disability, sciatica, bilateral carpal tunnel syndrome, and psychiatric disability is granted as new and material evidence has been submitted. The claims are remanded for further development.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) from October 1, 2015 due to lack of evidence showing he was unable to secure or follow substantially gainful employment.

The Veteran's lumbar spine degenerative disk disease and degenerative joint disease with intervertebral disk syndrome are currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's right lower extremity sciatica is currently rated at 20 percent. The Board found that it does not meet the criteria for a higher rating based on moderate incomplete paralysis.

The Veteran's claims for service connection for right hip condition, testis atrophy complete, right lower extremity radiculopathy, left lower extremity radiculopathy, degenerative arthritis of the spine, and bilateral hearing loss have been dismissed as the Veteran withdrew his appeals.

The Veteran's service connection claims for herniated disc, lumbar spine and thoracic spine degenerative arthritis, bilateral lower extremity radiculopathy, left shoulder degenerative arthritis and rotator cuff tear, bilateral ankle disability, and left flatfoot (pes planus) have all been granted. The initial ratings are 10% for rib pain status post fracture, with no higher.

The Board denied service connection for thoracolumbar degenerative joint disease and radiculopathy, right lower extremity due to the lack of evidence showing a direct relationship between these conditions and active military service.

The Veteran's appeals for various disability ratings have been dismissed due to the withdrawal of the appeals by the Veteran through his representative.

The Veteran's appeal was denied because his Notice of Disagreement (NOD) was not filed within the one-year time period after receiving the October 2015 rating decision.

The Veteran's lumbar spine disability was granted a 40% rating effective July 22, 2014.,Left lower extremity radiculopathy prior to March 2, 2019 is not entitled to a separate compensable rating.,Right lower extremity radiculopathy is not entitled to a separate compensable rating.,Left lower extremity radiculopathy from March 2, 2019 is denied an increased rating greater than 10%.

The Veteran's lumbar spine, cervical spine, radiculopathy of the lower extremities, and bilateral ankle disabilities are all granted service connection.,Service connection is also granted for the Veteran's right wrist disability, bilateral hearing loss, tinnitus, and major depressive disorder.

The Board has remanded several issues related to the Veteran's service connection claims, including left ankle disorder, cervical spine disorder, lumbar spine disorder, headaches, and radiculopathy of upper and lower extremities. The Veteran was not provided with a VA examination for these conditions and additional evidence is needed.

The Board denied service connection for osteoarthritis of the bilateral hands and other joints, finding no evidence that these conditions were incurred in or related to active service. The TDIU claim was granted as the appellant's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

The Board has decided to remand the case due to incomplete records and a need for an addendum opinion regarding the relationship between the Veteran's low back disability and service.

The Veteran's service-connected degenerative arthritis of the lumbar spine and associated lower extremity radiculopathy are rated at 20% effective June 5, 2017. A separate 20% rating is granted for each lower extremity radiculopathy condition as of November 13, 2017. Effective April 14, 2014, the Veteran's TDIU claim is granted.

The Board has granted the reopening of the claim for service connection for lumbar spine disability. The claims for left ankle, left knee, recurrent chest pain, bilateral shoulder, neck, and bilateral hip disabilities are denied as there is no evidence showing a current disability or that any such disabilities are related to service. Service connection for allergic rhinitis, sinus bradycardia, stomach disability, facial cellulitis, scalp dermatitis, headache, and bilateral upper extremity radiculopathy is also denied.

The Veteran's appeals for increased ratings for right and left lower extremity radiculopathy, as well as a lumbar spine disability, have been dismissed due to withdrawal of the appeals.,Prior to May 29, 2013, the Veteran’s lumbar spine disability was rated at 20 percent.