Radiculopathy & sciatica decisions — 2016

The Veteran's joint pain affecting his back, neck, shoulders, arms, elbows, wrists, hands/fingers, and hips has been attributed to clinical diagnoses including DDD and DJD of the lumbar spine with bilateral lower extremity radiculopathy, DDD and DJD of the cervical spine with bilateral upper extremity radiculopathy, bilateral shoulder, arm, hand and finger tendonitis, and chronic bilateral wrist sprain. The Veteran's disabilities affecting his back, neck, shoulders, elbows, wrists, hands/fingers, hips, and legs did not originate in service or within a year of service, and are not otherwise etiologically related to the Veteran's active service.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after scheduling a new hearing.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination. The case will be reviewed to determine appropriate disability ratings using the most suitable diagnostic codes.

The Board found that a current back disorder was not incurred during service and is not related to service, thus denying the Veteran's claim for service connection.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined rating is only 30 percent, which does not meet the minimum schedular requirements. The Board finds that referral for extraschedular consideration is not warranted.

The Veteran's radiculopathy of the right lower extremity has been characterized by pain, numbness, and paresthesias consistent with no more than moderate incomplete paralysis of the sciatic nerve. The criteria for an initial disability evaluation in excess of 20 percent have not been met.

The Veteran's claim for service connection was pending until the March 2012 Board decision granting service connection. The effective date of this grant is set to January 16, 1996.

The Veteran's service-connected disabilities effectively confine him to his dwelling and its immediate premises, qualifying for SMC based on the need for aid and assistance or housebound status.

The Board has determined that the Veteran does not have a current diagnosis of bilateral radiculopathy of the upper extremities and there is no evidence linking this condition to service or a service-connected disability. As such, service connection for this claim is denied.

The Board has remanded the case due to incomplete records and will provide further development before making a decision on the claims.

The Board has determined that the Veteran's current diagnoses of lumbar degenerative disc disease with old compression fracture and radiculopathy are related to his service, thus granting his claim for service connection.

The Board dismissed the Veteran's request for an earlier effective date for the assignment of a 40% rating for his lumbar spine disability, as it was not a legally recognizable claim and raises no question to be decided.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to August 24, 2011.

The Veteran's appeal of the denial for sleep apnea as secondary to PTSD is remanded. The timeliness of his appeals regarding joint and muscular pain, DDD of the lumbar spine, lumbar radiculopathy of both lower extremities, and peripheral neuropathy of both lower extremities is also remanded.

The Veteran's service-connected IVDS and left lower extremity radiculopathy have been rated based on their severity, with the ratings granted for each condition.

The case is being remanded for additional development, including obtaining VA and private vocational rehabilitation records, arranging for a VA examination to determine the etiology of obesity, and scheduling a VA Social Industrial Survey to assess the impact of service-connected disabilities on employability.

The Veteran's claim for higher ratings for his lumbar spine DDD and associated RLE radiculopathy was denied. The initial rating of 20 percent has been granted, effective from August 13, 2015.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation throughout the appeal period.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's current back and neck disability was caused or aggravated by his service-connected left shoulder disability. The appeal is now pending again with the RO.

The Veteran withdrew his claims for swelling joints, sinusitis, bilateral pes planus, and sleep apnea. The remaining service connection issues are remanded for further development.