Radiculopathy & sciatica Board decisions

The Veteran's service-connected diffuse lumbar spondylosis and multi-level disc protrusion at L3-L4 are not manifested by unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of IVDS with a total duration of at least six weeks during a 12-month period, so his rating remains at 40 percent.,The Veteran's radiculopathy of the left lower extremity was previously rated at 10 percent prior to February 16, 2016. Since that date, he is now rated at 20 percent for this condition.

The Veteran's appeal is remanded due to the need for further evaluation regarding his entitlement to higher levels of SMC and a rating increase for his residual left knee injury. The Board found that he does not meet the legal criteria for SMC under 38 U.S.C. § 1114(o) based on the lack of anatomical loss or use in his feet, hands, or eyes.

The Veteran's service connection claims for sleep apnea, left carpal tunnel syndrome, right forearm and hand neuropathy, bilateral hearing loss, thoracolumbar spine disability, and left lower extremity sciatic nerve disability are being remanded due to the need for additional examinations.

The Board has remanded several claims due to the need for additional verification of service records, particularly those related to Army Reserve and National Guard service.

The Veteran's service-connected disabilities have worsened, and additional evidence is needed to determine if he requires aid and attendance or housebound status.

The Board has granted service connection for a back disability of degenerative disc disease (DDD) and right lower extremity radiculopathy as secondary to the now service-connected back disability. The appeal is dismissed for the neck disability, hearing loss, and tinnitus.

The Veteran's back disability is granted service connection, but the issues of sciatica in both lower extremities are remanded for further development.

The Veteran's claims for an earlier effective date for cervical stenosis, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity were denied. The Veteran was also denied an earlier effective date for a total rating based on individual unemployability (TDIU) due to service-connected disabilities, as well as an earlier effective date for Dependents' Education Assistance (DEA) benefits.

The Veteran's 100% disability rating for PTSD was restored from March 1, 2016. The appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been rendered moot.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the appeal.

The Veteran's lumbar spine IVDS and left lower extremity radiculopathy, sciatic nerve, are granted ratings of 40 percent each. The right lower extremity radiculopathy is granted a rating of 20 percent. TDIU is also granted.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected lumbar spine disability and lower extremity radiculopathy.

The Veteran's appeal is being remanded due to the need for updated VA treatment records and examinations to assess the current severity of his service-connected GERD and left lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection and increased ratings due to his failure to report for VA examinations. The claims are being returned for further development, including scheduling new examinations and obtaining medical records.

The Veteran's service-connected thoracolumbar strain is not found to be the cause of her degenerative arthritis of the lumbar spine and sciatica.,The Veteran's loss of teeth and residuals of dental treatment are not considered a compensable disability for VA compensation purposes.

The Board has decided that additional evidence was added to the claims file after the last decision, and as the Veteran did not waive consideration of this new evidence in his first instance. Therefore, a remand is necessary for further action.

The Veteran's sciatic nerve disability of the right lower extremity was reduced from 20 percent to 0 percent, but this reduction is now restored.

The Board has remanded the Veteran's claims for service connection and increased evaluations due to incomplete records, including a lack of sleep study documentation. The Veteran is also seeking earlier effective dates for his radiculopathy disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for hypertension is denied. The claims for separate ratings for right and left lower extremity radiculopathy prior to November 9, 2012 are also denied. An initial 30 percent rating, but not higher, for adjustment disorder with depressed mood is granted.

The Board has determined that additional development is needed before the claims can be adjudicated, including obtaining updated VA Form 21-8940 from the Veteran and scheduling him for a VA examination to assess his service-connected lumbar spine disability and lower extremity sciatica. The TDIU claim is also inextricably intertwined with the increased rating claims.