Radiculopathy & sciatica decisions — 2015

The Board has remanded the case for a Travel Board hearing due to an incorrect address being used in previous correspondence.

The Veteran's service-connected conditions, including PTSD, cervical spine degenerative joint disease, and bilateral upper extremity radiculopathy, have resulted in unemployability from April 15, 2009 to July 31, 2011. As of July 1, 2014, the Veteran's service-connected conditions, including PTSD, cervical spine degenerative joint disease, bilateral upper extremity radiculopathy, and prostate cancer, have resulted in unemployability.

The Veteran withdrew his appeal for service connection of radiculopathy of the left lower extremity before a decision was made.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected degenerative disc disease of the lumbar spine with intervertebral disc syndrome and bilateral lower extremity sciatica.

The Veteran's appeal is remanded due to his failure to appear for a scheduled Board hearing. The issues are related to the effective dates of service connection awards for various conditions.

The Board has determined that the Veteran's current cervical spine and thoracolumbar degenerative disc disease with bilateral lower extremity radiculopathy are related to his in-service combat injury, and service connection is granted for both conditions.

The Veteran's service-connected conditions, including hemorrhoids, back condition, and radiculopathy of the lower extremities, preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for service connection for left lower extremity sciatica and increased ratings for bilateral sensorineural hearing loss and degenerative joint disease of the lumbar spine were denied. The Board found no current diagnosis of left lower extremity sciatica associated with the lumbar spine disability.

The Veteran's initial ratings for radiculopathy of the right and left lower extremities were granted, with each receiving a 40 percent rating effective January 28, 2015.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the neurological symptoms in his left lower extremity are also rated as 40 percent under a separate diagnostic code. The Board finds that neither condition warrants an increase to a higher rating.

The Veteran's service-connected disabilities effectively result in the loss of use of both lower extremities, precluding locomotion without the aid of braces, crutches, canes or a wheelchair. As such, he is eligible for specially adapted housing.

The Veteran's claim for service connection for right lower extremity/sciatic neuropathy, to include as secondary to his service-connected L-1 vertebra compression fracture, has been denied. The Board found no current disability of the right leg and that the evidence does not support a finding of neuropathy.

The Board has determined that the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy are not service-connected, as they are not shown to be directly related to his military service or a service-connected condition. The VA opinions provided do not support a finding of secondary service connection.

The Veteran's leg length discrepancy was not caused or aggravated by VA care, and the claimed disabilities are not service-connected.

The Board has determined that the Veteran's claimed disabilities are not related to his active service, and therefore denied all of his claims.

The Board has determined that the Veteran had chronic manifestations of bilateral sacroiliitis in service, and therefore grants service connection for a back disability (bilateral sacroiliitis) for accrued benefits purposes.

The Board finds that the effective date for the grant of service connection for right lower extremity radiculopathy should be June 7, 2007, as this is the earliest date on which it was factually ascertainable that an increase in disability occurred.

The Veteran's claim for a TDIU is being remanded due to the need for further development and consideration by the Director, Compensation Service.

The Board has granted service connection for degenerative joint disease of the lumbar spine with facet syndrome and radiculopathy affecting both lower extremities, but denied a claim for service connection for psychiatric disability as secondary to back disability. The Veteran is entitled to separate initial evaluations for these conditions.

The Veteran's claim for service connection for bilateral upper extremity radiculopathy and neuropathy was denied. The claims for increased evaluations of cervical spine degenerative arthritis and right knee status post repair of ACL and torn meniscus were also denied.