Radiculopathy & sciatica decisions — 2015

The Board has determined that the evidence supports reopening and granting service connection for low back disability, left leg disability, and right leg disability as secondary to service-connected bilateral pes planus. The effective date of this decision is August 3, 2001.

The Veteran's service-connected right L5-S1 radiculopathy is manifested by complaints of chronic pain, tingling, and numbness; however, as objective examination has shown minimal to no reflex, sensory, or motor defects, impairment amounting to moderately severe incomplete paralysis or neuralgia of the sciatic nerve has not been shown. The criteria for a rating in excess of 20 percent have not been met.

The Board has granted a rating of 30 percent for post-traumatic lumbar arthritis with residual L1 compression deformity and an initial rating of 20 percent for left L5 radiculopathy with foot drop, effective from March 4, 2009.

The Veteran's claims for increased ratings and effective dates have been granted. The initial compensable rating for right shoulder bursitis prior to January 29, 2013 has also been granted.

The Board has determined that the Veteran's neck and right arm disabilities are not related to her service or a service-connected condition.

The Board has remanded the case for further development, including consideration of whether new and material evidence has been received to reopen a claim of service connection for depression. The TDIU issue remains pending.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the nature and severity of his service connected residuals from a lumbar strain and whether his bilateral lower extremity radiculopathy was caused or aggravated by this condition. The examiner should also address whether the Veteran's radiculopathy is secondary to his service-connected lumbar strain.

The Veteran withdrew his appeals on the issues of effective dates and disability ratings for bilateral lower extremity radiculopathies.

The Veteran's appeal has been withdrawn due to his request in an August 2014 statement.

The Veteran's right hand disability, including a third metacarpal fracture and carpal tunnel syndrome, has been rated at 30 percent since November 8, 2005. The Board found that the current level of disability does not warrant an increased rating.

The Veteran's degenerative joint disease of the left shoulder and cervical spine have been rated based on their current manifestations, with no additional ratings granted.,Service connection has not been established for fatigue and insomnia or bilateral hearing loss.

The Veteran's residuals of a neck injury with radiculopathy of the left shoulder and arm do not meet the criteria for an increased rating beyond the current 20 percent evaluation.

The Board has decided that the case should be remanded for additional development, including obtaining VA treatment records and a copy of the chiropractor's letter. The intertwined issue of whether new and material evidence was received to reopen the previously denied claim for service connection for degenerative joint and disc disease of the cervical spine is also referred back to the AOJ.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not meet the criteria for an extra-schedular rating.

The Veteran's lumbar spine strain with degenerative disc disease is rated at 40 percent. The left lower extremity radiculopathy is rated at 20 percent from January 9, 2009 to January 5, 2012; and 10 percent prior to that period. An effective date of June 1, 2015 for the 20 percent rating for left ulnar neuropathy with cubital tunnel syndrome is granted.

The Board has reopened the claim for service connection for the cause of the Veteran's death and finds that his service-connected disabilities materially contributed to his death from respiratory failure due to COPD. The appeal is granted.

The Veteran's claims for increased evaluations were denied as his lumbosacral strain and right knee disabilities do not meet the criteria for higher ratings under VA rating criteria.

The Board found that the Veteran does not have diagnosed bilateral lower extremity radiculopathy or neurological disability related to his service-connected back disability, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining service treatment records and worker's compensation records. The Veteran is also to be scheduled for a VA examination to determine the nature and etiology of his low back disability with radiculopathy.

The Veteran's service-connected bilateral lower extremity sciatica is currently rated at 10 percent, the minimum rating available under VA regulations. The evidence does not support a higher initial rating.