Radiculopathy & sciatica decisions — 2014

The Board has determined that the Veteran's low back disorder is at least as likely as not aggravated by her service-connected bilateral knee disabilities, warranting service connection.

The Veteran is seeking an earlier effective date for the grant of service connection for radiculopathy of the right upper extremity, but this claim has been dismissed due to finality.,The Veteran also seeks an earlier effective date for his left hand disability other than radiculopathy. The RO granted service connection for radiculopathy of the left upper extremity with a July 19, 2005 effective date.

The Board found that the evidence is in equipoise as to whether the Veteran's bilateral lower extremity radiculopathy was caused by his service-connected low back disability, and thus granted service connection for this condition.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine with bilateral radiculopathy is being remanded due to the need for additional medical opinions regarding aggravation during service and verification of dates of service.

The Veteran withdrew his appeal concerning the issues of entitlement to service connection for a bilateral eye disability, left upper extremity radiculopathy, a left thumb disability, ketonuria, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's current cervical spine, lumbar spine, and bilateral carpal tunnel syndrome disabilities did not have onset in service or within one year of service.,There is no evidence that the Veteran's left A-C joint disorder had its onset during service. The Board finds that these conditions are not related to his military service.

The Board granted service connection for bilateral upper extremity radiculopathy as secondary to the Veteran's service-connected cervical spine disability. Service connection for carpal tunnel syndrome was not established.

The Veteran's cervical spine disorder, with degenerative disc disease and radiculopathy, developed in service and is considered to be directly related to his military service.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU.

The Board has granted service connection for left and right lower extremity radiculopathy, as well as service connection for left hip bursitis. The Veteran's current diagnoses of these conditions are related to his service-connected lumbosacral strain.

The Veteran's claim for SMP has been reopened and granted due to the submission of new evidence showing he requires aid and attendance. His combined disability rating is currently at 60 percent, qualifying him for this benefit.

The Board found that there is no evidence to support a direct service connection for the Veteran's bilateral lower extremity radiculopathy and neuropathy, and denied secondary service connection as they are not related to his service-connected fibromyositis of the lumbar paravertebral muscles.

The Veteran's TDIU claim is being remanded for further development, including obtaining a medical opinion on the combined effect of his service-connected disabilities and their impact on employment.

The Veteran's appeal for increased ratings for his low back strain and radiculopathy, right lower extremity, has been withdrawn due to the Veteran expressing satisfaction with the current evaluations.

The Veteran's appeal is remanded due to a need for additional development, including obtaining private medical records and scheduling the Veteran for a VA examination. The claim for an initial rating higher than 20 percent for radiculopathy of the right lower extremity will also be remanded.

The Board has remanded the case for further development, including a VA examination and readjudication of the issues. The Veteran's low back disability is currently rated as 20 percent disabling under the General Rating Formula for Diseases and Injuries of the Spine. Bilateral lower extremity radiculopathy was granted service connection on April 2010 but combined with the back disability, resulting in a single rating. TDIU remains an issue.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran with a new neurological and orthopedic examination to assess his spine and sciatica.

The Board found that the Veteran's bilateral arm radiculopathy clearly and unmistakably existed prior to active duty service in December 2003, and was not aggravated by service. As a result, the claim for service connection is denied.

The Veteran's lumbar spine strain is rated at 20 percent, effective December 13, 2007. The claims for increased ratings for left and right lower extremity sciatica are denied as the evidence does not show that they meet or approximate the criteria for a higher rating.,The Veteran has been granted initial noncompensable ratings for his service-connected left and right lower extremity sciatica, effective December 13, 2007. The claims for increased ratings remain denied.

The Veteran's lumbosacral strain and left foot hallux valgus with plantar fasciitis and first metatarsophalangeal joint degenerative changes are currently rated at the lowest possible compensable levels.