Radiculopathy & sciatica decisions — 2015

The Veteran's service-connected residuals of lumbar surgery to include intervertebral disc syndrome and sciatic nerve paralysis have been rated at 20 percent since February 29, 2012. The appeal for a higher rating is denied as the evidence does not support an increase in disability ratings.

The Veteran's bilateral inguinal hernia was rated at 10% prior to May 1, 2014 and at 40% from May 1, 2014 through July 28, 2014. The Veteran's spondylolisthesis, left and right lower extremity radiculopathy (sciatic nerve), and left and right lower extremity radiculopathy (femoral nerve) were not addressed in this decision.

The Veteran's claim for an effective date prior to September 17, 2013 for the grant of service connection for radiculopathy of the left lower extremity is denied.,The Veteran's claim for a rating in excess of 10 percent for radiculopathy of the left lower extremity is denied.

The Veteran's service-connected bilateral lower extremity peripheral neuropathy has been granted increased ratings of 40 percent each effective May 6, 2013. The conditions are rated based on their impact on motor function and sensory disturbances.

The Board has determined that the appellant's claimed conditions, including headaches, hearing loss, tinnitus, lumbar spine disorder, and umbilical hernia, are not related to his military service. The evidence does not support a finding of service connection for any of these conditions.

The Board has remanded the case for additional development to secure medical records, arrange for examinations, and consider whether new evidence supports reopening a psychiatric disorder claim.

The Veteran's claims for higher initial evaluations of hypertension and tension headaches, as well as service connection for radiculopathy of the right and left lower extremities, were denied. The Board found that his hypertension did not warrant a rating in excess of 10 percent, and his tension headaches did not meet criteria for a 50 percent evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing the Veteran with VA examinations and medical opinions in connection with his claims.

The Veteran has withdrawn all his appeals, including those for increased ratings for various conditions and disabilities. The Board is dismissing the appeals as moot.

The Veteran's service connection claims for residuals of a right ankle sprain, left hip sciatica, and migraine headaches have been granted.

The Veteran's combined rating is at least 70% due to his service-connected disabilities, qualifying him for a TDIU. The VA examiner found that the Veteran's service-connected disabilities alone are sufficient by themselves to render him unemployable.

The Veteran's radiculopathy of the right lower extremity, associated with facet syndrome and degenerative joint disease (DJD) of the lumbar spine, is currently rated at 40 percent under Diagnostic Code 8520. The Board finds this rating to be appropriate based on the severity of his symptoms.

The Veteran's appeal is being remanded due to the need for a VA videoconference hearing. The issues are related to evaluations for radiculopathy and bilateral hearing loss.

The Veteran's major depressive disorder and dysthymia, left lower extremity disorder (chronic left ankle sprain with local superficial nerve entrapment), degenerative disk disease and/or stenosis of the cervical and lumbar spine, and right upper extremity disorder (radiculopathy) are all found to be related to her active service.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before RO personnel at the earliest opportunity.

The Board has denied the Veteran's claims for service connection for a cervical spine condition and radiculopathy of the upper extremities due to lack of evidence showing that VA facilities were not feasibly available, or that delay in seeking medical attention would have been hazardous.

The Board has determined that the Veteran's current low back disability is not causally or etiologically related to his complaints of pain during service or to a service-connected disability, and was not aggravated by a service-connected disability. Therefore, the claim for service connection for a low back disability is denied.

The Veteran's service-connected right upper extremity paresthesias, median nerve disability of the right upper extremity, and ulnar nerve disability of the right upper extremity have been granted. The Veteran is also entitled to separate ratings for radiculopathy of the left and right lower extremities associated with thoracic spine osteoarthritis.

The Veteran's appeal is being remanded for additional development, including a VA social and industrial survey to assess his employability due to service-connected disabilities.

The Veteran's sciatic neuritis and left knee disability have been granted increased ratings, with the sciatic neuritis receiving a maximum rating of 40 percent.