Radiculopathy & sciatica decisions — 2016

The Veteran's appeal for service connection for radiculopathy of the right lower extremity has been withdrawn.

The Board has determined that the Veteran's current back disorder did not have its onset during service or within a year of discharge, and is not related to any in-service injury. The preponderance of evidence does not support a finding that the Veteran's back disorder is related to his military service.

The Veteran's service-connected disabilities, including post-operative degenerative disc disease of the lumbar spine and asthma, prevent her from obtaining or retaining substantially gainful employment.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment since September 25, 2006.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and medical records, scheduling VA examinations, and attempting to obtain outstanding treatment records.

The Veteran's appeal is being remanded for further development, including new VA examinations to assess the severity of his service-connected cervical spine, left upper extremity radiculopathy, and left shoulder disabilities. The case will be reconsidered in light of Correia v. McDonald.

The Veteran's cervical radiculopathy of the right upper extremity is granted as secondary to his service-connected cervical spine disability. He was also granted TDIU and an increased rating for headaches.

The Veteran withdrew his appeals for the issues of whether an overpayment of VA compensation benefits in the amount of $13,156.80 was validly created and entitlement to waiver of recovery of that overpayment.

The Board has ordered a remand to obtain an addendum opinion regarding the etiology of the Veteran's low back disorder and left leg numbness/radiculopathy, which were found to be less likely as not caused by or aggravated by his service-connected right and left knee disabilities. The case is now being returned for further development.

The Veteran's combined disability rating is less than the 100% required for a TDIU, and his service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's low back disability is rated at 40 percent since December 3, 2013. His associated radicular involvement of the left sciatic nerve is also rated at 40 percent. The Board granted a TDIU based on his service-connected disabilities.

The Veteran seeks service connection for a cervical spine disability, which he claims is related to an in-service injury. The case is being remanded due to the need for additional records and medical opinions.

The Veteran's low back disability, which also includes left lower extremity radiculopathy, was found to warrant a separate 20 percent rating for the radicular symptoms since January 30, 2015.

The Board has granted an effective date of June 6, 2003 for the grant of service connection and initial ratings of 20 percent for right and left lower extremity lumbar radiculopathy.

The Veteran's right and left lower extremity radiculopathy have been rated at 20 percent for the entire appeal period from June 23, 2004, to January 3, 2013.

The Veteran's service-connected bilateral knee disability, neurologic abnormality of the left upper extremity, radiculopathy of the right upper extremity, lumbar strain, and cervical spine disability have been granted. The TDIU claim is also granted.

The Veteran withdrew his appeal, including all issues on appeal.

The Board found that the Veteran's sleep apnea, bowel dysfunction, cervical spine disability, thoracic and lumbar degenerative disc disease with bilateral lower extremity radiculopathy, and left knee disability were not related to his military service. The claims for these conditions are therefore denied.

The Board denied the Veteran's claim for TDIU as a result of service-connected disabilities.

The Veteran's appeal for higher initial ratings for bilateral lower extremity radiculopathy has been dismissed as the Veteran indicated satisfaction with the initial ratings assigned.