Radiculopathy & sciatica decisions — 2013

The Veteran's erectile dysfunction is granted as secondary to his service-connected intervertebral disc syndrome. The Board finds that the Veteran's current erectile dysfunction is etiologically linked to his service-connected intervertebral disc syndrome.

The Board denied the Veteran's claim of service connection for a low back disorder, finding that his current condition is not due to any injury or event during military service.

The Veteran's appeal is about his entitlement to a TDIU based on his service-connected DDD and left leg sciatica. The Board has ordered additional development, including obtaining medical records from the SSA and Dr. H., as well as updated VA treatment records.

The Board has determined that the Veteran's residuals of a cervical spine injury, including cervical radiculopathy at C5 and C6 and involving the left upper extremity, are related to an injury in service and grants service connection.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, bilateral upper and lower extremity radiculopathy and/or neuropathy, and sleep apnea. The evidence did not support a finding that these conditions were incurred or aggravated by active duty service.

The Veteran's erectile dysfunction is found to be related to his service-connected diabetes mellitus. The claims for thoracic spine disability and hepatitis have been reopened due to the submission of new evidence that relates to an unestablished fact necessary to substantiate these claims.

The Veteran's service-connected conditions have prevented him from securing and following substantially gainful employment.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran does not have a current radiculopathy of the left leg, and therefore service connection for this condition is denied. The remaining conditions (lumbar spine and hip degenerative joint disease) are also denied as they are not related to service.

The Board found that the Veteran's left leg meralgia paresthesia/lumbar radiculopathy and cervical spine stenosis with disc disease were not incurred in or aggravated by service, nor may they be presumed to have been so incurred or aggravated.

The Veteran's lumbosacral strain and sciatica of the bilateral lower extremities are currently rated at 40 percent each, resulting in a combined rating of 60 percent. The appeal is granted as his service-connected disabilities meet the criteria for TDIU.

The Board has determined that an effective date of May 23, 2006 is the earliest date on which it was factually ascertainable that a separate 20 percent disability rating for right lower extremity radiculopathy was warranted.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's radiculopathy of the left and right lower extremities has been granted an increased rating to 20 percent effective June 19, 2012.

The Veteran's appeal involves multiple service-connected conditions, including diabetic retinopathy, peripheral vascular disease, leg radiculopathy, stomach disability, prostate disability, liver disability, and various other disabilities. The issues include reopening of a claim for diabetic retinopathy and seeking service connection for these conditions as secondary to diabetes mellitus or exposure to herbicides.

The Board has determined that a remand is necessary to obtain updated VA treatment records, arrange for the Veteran to undergo a VA spine examination, and ensure all due process requirements are met.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing. The issues of entitlement to service connection for lower back injury and hair loss due to Gulf War Syndrome are pending.

The Veteran's left arm disability is found to be secondary to his service-connected cervical spine disability. The claim for increased rating of thoracolumbar spine disability remains pending.

The Veteran's claim for an initial evaluation in excess of 30 percent for cervical disc herniation and a separate evaluation in excess of 20 percent for left upper extremity radiculopathy was denied. The current evaluations are considered the maximum available under VA regulations.

The Veteran was employed as a security officer prior to October 6, 2005 and the evidence does not show he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.