Radiculopathy & sciatica decisions — 2014

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, do not preclude all forms of substantially gainful employment prior to February 27, 2014. Since February 27, 2014, the combined effect of his bilateral hearing loss, tinnitus, cervical spondylosis, and left arm radiculopathy, when evaluated in association with his educational attainment and occupational experience, preclude all forms of substantially gainful employment.

The Veteran's claim for an increased rating for cervical radiculopathy of the left upper extremity was granted, with a current effective date of July 27, 2009.

The Board denied an earlier effective date for a 40 percent disability rating for herniated nucleus pulposus, lumbar spine and granted earlier effective dates for service connection for sciatic neuralgia of the right lower extremity and TDIU. The effective dates are May 10, 2011.

The Veteran's DDD of the cervical spine with radiculopathy was incurred in service and is granted.

The Veteran's claim for an increased rating for his service-connected chronic lumbar sprain with spondylosis and degenerative disk disease was granted, but the Board found no basis to grant a higher rating. A separate 10 percent initial rating was assigned for left lower extremity radiculopathy of the sciatic nerve associated with the service-connected lumbar spine disability.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of this decision. The left lower extremity radiculopathy remains at a 20 percent rating since September 30, 2013. The right lower extremity radiculopathy continues to be rated at 10 percent.

The Veteran's claims for service connection for a pinched sciatic nerve, right knee disability, left leg disability and left knee disability have been withdrawn. The claim of service connection for degenerative disc disease of the lumbar spine has also been withdrawn.

The Veteran's wife, R.M.B., is not eligible for CHAMPVA benefits because the Veteran has a combined service-connected disability rating of 20 percent and a combined percentage disability evaluation of 100 percent due to his treatment at VA facilities. The eligibility requirement for CHAMPVA benefits does not include quasi-service-connection under 38 U.S.C.A. § 1151.

The Veteran's appeal is being remanded due to the need for a new VA examination and consideration of his TDIU claim.

The Board has determined that the Veteran does not have a diagnosis of left-sided lower extremity sciatica or radiculopathy, and there is no evidence to support a secondary service connection claim for these conditions.

The Veteran's lumbar spine disability, manifested by thoracolumbar spine forward flexion greater than 30 degrees and combined range of motion greater than 120 degrees, does not meet the criteria for a rating in excess of 20 percent.

The Board has determined that the Veteran's cervical spine disorder, diagnosed as cervical radiculopathy and cervical strain post cervical laminectomy and discectomy, is not etiologically related to service. As a result, the claim for service connection for this condition is denied.

The Board has determined that service connection is not established for any of the claimed disabilities, including a low back disability, disorders of the bilateral eyes, major depression, and disabilities of the bilateral wrists and hands.

The Veteran's PTSD is rated at 100 percent since October 30, 2007. His residuals of deviated septum do not meet the criteria for a compensable rating. The Veteran's lumbar spine disability and left S1 radiculopathy are both currently rated as 20 percent disabling.

The Veteran's current cervical spine degenerative joint disease and degenerative disc disease are not related to service, and the claim for service connection is denied.

The Veteran's service-connected disabilities, primarily his low back and bilateral lower extremity pain, render him unable to maintain substantially gainful employment throughout the appeal period.

The Veteran is granted initial evaluations of 20 percent for radiculopathy of the right and left lower extremities, which are higher than the initially assigned noncompensable ratings.

The Board finds that the Veteran's current left shoulder disability, diagnosed as degenerative arthritis of the AC joint with impingement and radiculopathy, is at least as likely as not related to his in-service injury. With resolution of reasonable doubt, service connection for the residuals of a left shoulder injury is granted.

The Board has remanded the case for additional development due to conflicting medical opinions regarding the etiology of the Veteran's cervical spine disability and left arm radiculopathy. The issues related to service connection are inextricably intertwined, and a new examination is needed to assess the severity of the Veteran's PTSD.

The Veteran's appeal for an increased rating for his low back disability has been denied because he failed to report for a scheduled VA examination.