Radiculopathy & sciatica Board decisions

The Veteran's claims for effective dates earlier than August 1, 2015 for the assignment of increased ratings were denied.,Effective dates have been assigned for the Veteran's service-connected disabilities.

The Veteran's ratings for degenerative arthritis of the lumbar spine with intervertebral disc syndrome and radiculopathy of the right lower extremity were restored to 20 percent effective September 1, 2015.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination reports. The claims include initial compensable ratings for service-connected left and right lower extremity radiculopathy, as well as a higher rating for lumbar spine degenerative disc disease.

The Veteran's service-connected disabilities, including major depressive disorder and back conditions, are found to be so severe that they prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's cervical spine DDD, bilateral cervical myelopathy, right upper extremity radiculopathy, inflammatory arthritis, fibromyalgia, and allergic rhinitis are all granted service connection. The issue of service connection for a heart disability is remanded.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's current back pain and his service. The Veteran needs to provide updated treatment records, including from VA, and a VA examination is required to determine if there is a nexus between his in-service symptoms and his current condition.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the current severity of his service-connected disabilities.

The Board has denied the Veteran's claims for earlier effective dates for service connection of left and right lower extremity sciatic radiculopathy, finding that the earliest evidence in the record of the Veteran’s intent to file for service connection was his July 6, 2011 claim. The Board also remanded the Veteran's claims for evaluations in excess of 20 percent for spondylolysis and for increased ratings for bilateral lower extremity radiculopathy.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted TDIU on a schedular basis.

The Veteran's claims for service connection for left lower extremity radiculopathy and a rating in excess of 20 percent for his lumbosacral strain and right lower extremity radiculopathy are remanded due to unclear diagnoses and functional limitations.

The Veteran's claims for service connection, a separate rating for radiculopathy of the left lower extremity, TDIU, and DEA benefits are all denied. The effective dates for these decisions are not earlier than November 28, 2014.

The Veteran's claims for service connection for various conditions, including DM, esophageal condition, hypertension, LLE radiculopathy, RLE radiculopathy, lumbar DJD with IVDS, and sleep apnea, were all granted effective May 24, 2013. The Board found that there was no earlier claim received prior to the Veteran's most recent period of active service (March 2012 to May 2013).

The Board denied the claim of CUE in the November 2015 rating decision that denied service connection for radiculopathy and peripheral neuropathy of the bilateral lower extremities. The evidence did not show a current diagnosed disability, and the RO correctly applied the law at the time.

The Veteran's hypertension is being remanded for further development as it may be related to his service-connected disability.

The Veteran's right lower extremity radiculopathy is rated at a 20 percent initial rating, but no higher, due to moderate incomplete paralysis of the sciatic nerve. The appeal was granted.

The Veteran's left upper extremity radiculopathy is granted a 40 percent disability rating from May 8, 2014 to February 7, 2016.

The Board has remanded the claims for service connection for atrial fibrillation and a compensable rating for hypertension due to the Veteran not having received a Statement of the Case.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for left leg radiculopathy is denied because there is no evidence of VA treatment causing the disability, and there was no clinical diagnosis of left leg radiculopathy prior to his death.

The Board denied increased ratings for radiculopathy of the right and left lower extremities, but granted a TDIU based on service-connected disabilities.

The Board has remanded the case due to insufficient consideration of the appellant's claim regarding the cause of her husband's death and a pending increased rating appeal for his back disability. The VA is instructed to provide an addendum opinion addressing whether the Veteran’s pain from service-connected disabilities contributed to or aggravated his high blood pressure, which in turn caused his death.