Radiculopathy & sciatica decisions — 2016

The Board has granted service connection for cervical spine spondylosis with radiculopathy and thoracolumbar spine strain and spondylosis, finding that these conditions are secondary to the Veteran's multiple service-connected right upper extremity disabilities.

The Board denied the Veteran's claims for service connection for varicose veins of the right lower extremity, a neck disability, and degenerative joint disease of the right shoulder. The appeals were based on direct service connection.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment throughout the period under appeal, warranting a TDIU rating.

The Veteran's appeals have been withdrawn, and the issues are dismissed.

The Veteran withdrew her appeal with regard to all remaining claims prior to the issuance of a decision.

The Board has ordered a remand to obtain an adequate VA medical opinion regarding the etiology of the Veteran's low back disorder and whether his service-connected right tibia fracture aggravated any current back disability. The case will be returned for further action.

The Veteran's claims for higher ratings of his service-connected lumbar spine disability and associated radiculopathy disabilities from February 13, 2014 were denied. The criteria for a rating in excess of 20 percent for each disability under the applicable schedular criteria are not met.

The Veteran's right lower extremity radiculopathy is found to be secondary to his service-connected lumbar spine disability. The Board finds that the evidence of record is in relative equipoise with respect to establishing a nexus between the Veteran's bilateral hip disorder, bladder disorder and erectile dysfunction and his service-connected lumbar spine disability.

The Veteran's claim for service connection for hepatic steatosis due to contaminated water exposure at Camp Lejeune was denied. The VA examiner found no causal relationship between the Veteran's current liver condition and his in-service exposure.

The Board has determined that the Veteran's radiculopathy of the left upper extremity is at least as likely as not caused by her service-connected cervical spine DJD, and thus grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine the nature and etiology of any left upper extremity nerve disorders.

The Veteran's low back disability was granted a 20 percent rating effective February 9, 2015. The claims for bilateral femoral and sciatic nerve radiculitis were also granted with the same effective date. However, the Veteran contests the effective dates of these awards.

The Board has remanded the case for further development and readjudication of the Veteran's claims, including a review of recent VA examination reports and consideration of any outstanding VA treatment records. The issues will be reconsidered with respect to the evaluation of the Veteran's lumbar spine disability and his entitlement to TDIU.

The Veteran's cervical spondylosis and right upper extremity radiculopathy have been granted increased ratings, with the rating for cervical spondylosis now at 20 percent effective October 5, 2015.

The Veteran's lumbar spine disability is rated at 40 percent, effective November 21, 2012. The radiculopathy of the lower left extremity and limitation of extension of the thigh due to degenerative joint disease of the left hip are each rated at 10 percent.

The Board denied the Veteran's claims for service connection for a low back disorder and right leg sciatica, finding that there was no evidence of an in-service injury or disease related to these conditions. The Board also found that arthritis could not be presumed as it did not manifest within one year of discharge from active duty.

The Board granted an earlier effective date of October 25, 2011 for the award of a separate 10 percent rating for radiculopathy of the left sciatic nerve. The Veteran's radiculopathy is considered part of her lumbar spine disability.

The Board has granted initial disability ratings of 20 percent for radiculopathy of the right and left lower extremities, effective from April 19, 2005.

The Veteran's claims for increased disability ratings prior to November 1, 2012 were denied as his right leg radiculopathy did not meet the criteria for a rating in excess of 10 percent.

The Veteran's appeals for service connection and increased rating claims have been withdrawn. The Board has dismissed the underlying claims as there is no longer an appeal to consider.