Radiculopathy & sciatica decisions — 2015

The Veteran's claims for higher initial disability ratings were denied. The Board found that the criteria for increased ratings were not met at any point during the appeal period.

The Veteran's low back disability with radiculopathy was restored to a 50 percent rating effective April 12, 2007. The other issues remain pending and will be remanded for further development.

The Board has determined that the Veteran's low back disability and left leg nerve disability are related to his military service, granting service connection for both conditions.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for hypertension or psoriasis, and there was no evidence of PTSD, tinnitus, right lower extremity radiculopathy, or any other claimed conditions.

The Veteran's claim for a TDIU was denied as he failed to provide sufficient information and evidence to establish that his service-connected disabilities rendered him unable to obtain and sustain a substantial gainful occupation.

The Veteran's appeal is being remanded due to the failure of proper notification for a scheduled BVA video conference hearing. The issues on appeal are increased evaluations for left and right lower extremity radiculopathy.

The Veteran's right chronic Achilles tendonitis is rated at 10 percent, the maximum available under Diagnostic Code 5271. Service connection for cervical spine arthritis and left upper extremity radiculopathy (due to cervical spine disability) are granted as they are related to service-connected conditions. Migraine headaches are also service connected. Thoracic outlet syndrome is not service connected due to lack of a nexus. Somatic symptom disorder and antisocial personality disorder are service connected, while borderline personality disorder is not.

The Veteran's claim for a TDIU prior to January 26, 2015 was denied as the evidence did not meet the criteria for an extraschedular rating.

The Veteran's low back disability is not service-connected, as it did not occur during his active duty or National Guard service. His bilateral sciatica and peripheral neuropathy are secondary to his low back disability.,His bilateral hearing loss and tinnitus are presumed due to exposure to noise from artillery fire during service.

The Board denied the Veteran's claims for service connection for a bilateral foot disorder, low back disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and an acquired psychiatric disorder, including PTSD. The Board found that there was no evidence of chronic conditions in service or within one year after separation from service.

The Veteran's lumbar spine spondylosis with intervertebral disc syndrome is rated at 40 percent, and his sciatic nerve radiculopathy of the legs has been rated as noncompensable throughout the period on appeal. The Board finds that these ratings are appropriate.

The Veteran's depressive disorder is found to be secondary to his service-connected cervical and lumbar spine disabilities. His lumbar spine disability, rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, has been granted a higher rating based on unfavorable ankylosis.

The Board has dismissed the appeal as the appellant requested withdrawal of his appeals for increased ratings for C5-6 herniated disc, right shoulder dislocation and left upper extremity radiculopathy.

The Veteran's combined disability rating was increased to 100 percent, effective January 20, 2012. The appellant is entitled to accrued benefits in excess of $9,038.00 due to the Veteran at his death.

The Board denied service connection for a low back disorder, finding that the current condition did not have its onset during active service or become manifest within the first post-service year and was not caused by any event, injury, or disease incurred in active service.

The Veteran's initial claim for a higher disability evaluation for degenerative disc disease and spondylosis of the lumbar spine was granted, with an effective date of December 30, 2005. The Veteran is now rated at 20 percent for this condition from that date forward. Separate evaluations of 10 percent each were assigned for right and left lower extremity radiculopathy from the same effective date.

The Veteran's left leg sciatica has been manifested by no more than mild incomplete paralysis, which is consistent with the currently assigned 10 percent rating. The Board finds that the schedular evaluation adequately contemplates his disability picture and does not warrant an extraschedular rating.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA medical records. The claims for service connection for right lower extremity radiculopathy, left lower extremity radiculopathy, and an acquired psychiatric disorder are also being addressed.

The Veteran's appeal is granted, with the exception of the claim for a compensable disability rating prior to March 1, 2011 for left upper extremity scar. The remaining claims are also granted.

The Board has remanded the case for further development, including obtaining medical records and providing an examination to determine if the Veteran's lumbar spine disorders are related to service.