Radiculopathy & sciatica decisions — 2014

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no evidence of in-service exposure to herbicides or other factors linking these conditions to his military service.

The Veteran's appeal is being remanded due to the need for additional private treatment records and compliance with VA procedures.

The Board found that there is no evidence to support a direct service connection for cervical spine disability or cervical radiculopathy of the left upper extremity, and thus denied both claims.

The Veteran's claim for increased disability compensation associated with his low back disability was received on September 28, 2007. The May 2010 rating decision granted service connection for radiculopathy of the lower extremities, awarding separate 10 percent ratings for each extremity effective April 21, 2010. The Board found that the earliest date upon which it is factually ascertainable that the Veteran experienced radiculopathy of the lower extremities associated with his service-connected low back disability was September 19, 2007.

The Veteran's service-connected disabilities are rated as 70 percent disabling (combined), including a 50 percent rating for OSA, and preclude him from securing or following substantially gainful employment consistent with his education and employment background. Therefore, the claim for TDIU is granted.

The Veteran's lumbar spine disability has been rated at 20 percent since April 14, 2008. The Board finds that the evidence is in equipoise as to whether his condition more nearly approximates a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's service-connected cervical DDD and radiculopathy have been rated at the maximum available rating of 20 percent, and no higher. The Board finds that his symptoms do not warrant a higher evaluation.

The Veteran's cervical and lumbar spine disabilities are found to be at least as likely as not related to his service, including parachute jumps. The claim for service connection is granted.

The Veteran's right lumbar radiculopathy has been rated at 40 percent since March 20, 2012.

The Board has remanded the Veteran's claims due to scheduling issues for a hearing, and no specific rating or effective date is provided.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his lumbar spine and radiculopathy disorders. The TDIU issue will be deferred until completion of the actions directed in this remand.

The Board has determined that the Veteran's lumbar spine degenerative disc disease and right lower extremity radiculopathy warrant a rating of 20 percent each, effective November 22, 2010.

The Board has remanded the case for additional development, including obtaining treatment records and providing an addendum opinion from a VA examiner regarding the etiology of the Veteran's carpal tunnel syndrome.

The Board found that there is mild incomplete paralysis of the affected nerve in the Veteran's left and right lower extremities due to radiculopathy, but did not meet criteria for higher ratings.

The Veteran's claim for an increased rating for his service-connected herniated disc with IVDS and degenerative joint disease of the thoracolumbar spine with left lower extremity radiculopathy was denied. The current evaluation of 40 percent is deemed insufficient to reflect the severity of his disability.

The Board denied the Veteran's claims for increased ratings for her service-connected chronic low back strain and bilateral tinnitus, as well as her claim to reopen a previously denied claim for service connection for hearing loss. The decision also addressed issues of service connection for various other conditions.

The Board denied the Veteran's claims for an increased rating for status-post fusion of C5-C6 and bilateral upper extremity radiculopathy on a schedular basis, but granted extra-schedular evaluations for these conditions upon termination of the total convalescent rating effective from February 7, 2014.

The Board finds that the Veteran's current back conditions are not related to his service and denies his claim for service connection.

The Veteran's cervical spine disability is rated at 20 percent, and his right and left upper extremity radiculopathy are each rated at 10 percent. The appeal for higher ratings remains pending.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the left lower extremity are being remanded due to the need for additional medical records, a new VA examination, and proper notice.