Radiculopathy & sciatica decisions — 2014

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation since the date of his claim on August 5, 2009.

The Veteran's appeal for increased ratings and earlier effective dates for his service-connected disabilities has been withdrawn. The Board dismissed the appeals as to lumbar spine degenerative disc disease and cervical spine degenerative disc disease.

The Veteran's claims for service connection and increased rating were denied. The Board found that new and material evidence had not been received to reopen the claim of service connection for a psychiatric disorder, and that there was no evidence of a cervical disorder or bilateral hip/knee/shoulder/ankle disorders related to active service.

The Veteran's cervical spine disability, right shoulder radiculopathy, and chronic headaches are all found to be related to her service-connected anxiety disorder.

The Veteran's appeal for increased ratings and TDIU was denied. The left knee disability is currently rated as 10 percent disabling, while the cervical spine disability with radiculopathy is also rated at 10 percent.

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for further consideration. The Veteran's low back disorder claim, along with his psychiatric disability and TDIU claims, are inextricably intertwined and must be adjudicated together.

The Board denied the Veteran's claim for an earlier effective date for service connection of multi-level lumbar spine disc herniations and degenerative joint disease with radiculopathy, finding that no earlier applications to reopen the claim existed.

The Veteran's claims for higher ratings for his service-connected lumbar disc disease, left lower extremity radiculopathy, right knee arthritis, and left knee arthritis were denied. The Board found that the evidence did not meet the criteria for a rating higher than 40 percent for lumbar disc disease with mechanical low back pain or a rating higher than 10 percent for residuals of shrapnel wounds to the back with left lower extremity lumbar radiculopathy, right knee arthritis, and left knee arthritis.

The Board denied the Veteran's claims for an effective date prior to September 26, 2008, for the award of service connection for his left hamstring and hip disability, as well as his lower back disability. The decision found that the earliest date of receipt of a claim was September 26, 2008.

The Veteran's claims for increased ratings for his thoracolumbar spine disability and right lower extremity radiculopathy were denied. The Veteran was not granted any higher ratings.

The Veteran's hearing loss and tinnitus are not related to service. His hypertension is aggravated by his service-connected PTSD.,His burn scar of the right thigh is manifested by pain on examination, warranting a 10% rating effective October 23, 2008. He has radiculopathy of the left lower extremity with mild incomplete paralysis and associated symptoms. His coronary artery disease is stable but not productive of specific complications.,The Veteran withdrew his appeal regarding TDIU.

The Board has determined that the Veteran's claimed disabilities, including osteoarthritis of the right ankle, old avulsion fracture of the left ankle, bilateral status post total knee replacement, low back condition, and sciatic nerve condition, did not begin in service or until many years after service and cannot be linked to any established in-service injury, disease, or event. Therefore, these claims for service connection are denied.

The Board has determined that additional development is needed to properly evaluate the Veteran's PTSD and cervical spine conditions, including obtaining updated VA treatment records and scheduling appropriate examinations. The case will be returned for further action.

The Veteran's cervical spine disability was found to not meet the criteria for a higher rating prior to September 13, 2011. From that date forward, it did not meet the criteria for a 20 percent rating.

The Veteran's appeal concerning the issue of entitlement to a rating in excess of 20 percent for a lumbar strain has been dismissed as he withdrew his appeal.

The Veteran's claims for higher ratings for lumbar disc disease, left and right lower extremity radiculopathy were denied as the evidence did not show ankylosis or incapacitating episodes of IVDS.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected lumbar spine, radiculopathy, and thigh disability. The Veteran may need to provide additional evidence or argument if the benefit sought on appeal is not fully granted.

The Board has granted an extraschedular rating for the Veteran's radiculopathy of the right and left lower extremities.

The Board denied the Veteran's claim for service connection for peripheral neuropathy of both legs, finding that it is not related to his service-connected lumbar spine disabilities.

The Veteran's degenerative spondylosis of the lumbosacral spine with degenerative disc disease at L5-S1 is rated at 20 percent, and his associated radiculopathy of the right lower extremity warrants a separate 20 percent rating.