Radiculopathy & sciatica decisions — 2016

The Board has granted service connection for left S1 radiculopathy but denied service connection for upper extremity radiculopathy.

The Board has determined that the Veteran is entitled to an effective date of August 4, 2010 for the grant of service connection for bilateral lower extremity radiculopathy. The evidence shows that the Veteran's radiculopathy was present at the time he filed his original claim in August 2010.

The Board has decided to remand the Veteran's claims for further development due to a missed hearing request, and is now required to schedule a travel board hearing before the earliest opportunity.

The Board has determined that the Veteran's claimed disabilities are not service-connected as they did not manifest during or within one year after his period of active duty and are not related to any incident in service.

The Veteran's appeal includes claims for increased ratings, effective date determinations, and TDIU. The case is being remanded to obtain additional VA treatment records and notify the Veteran of his rights regarding TDIU.

The Veteran's service-connected degenerative disc disease of the lumbar spine and associated radiculopathy have been granted a 40 percent rating effective from April 29, 2015.

The Board has granted service connection for adenomyosis and assigned a 10 percent disability rating. The Veteran's initial claim of an increased rating for her herniated disc at L5-S1 with bilateral sciatica is also granted, but the current rating remains at 10 percent.

The Board granted service connection for costochondritis and bilateral hand disability, and increased ratings for right knee, left knee, and right ankle disabilities. The Veteran was also awarded a compensable rating for his hallux valgus and plantar fasciitis conditions. Service connection for the varicocele was established.

The Veteran's appeal involves multiple issues related to his service-connected left knee disability, including claims for back, hip, and knee disabilities. The Board has determined that additional examinations are needed to address the etiology of these conditions.

The Board finds that the Veteran's current right ear hearing loss is incurred during service and grants service connection for this condition.,There is no evidence of a diagnosed left-sided abdominal or hip pain disability in service, and the Veteran has not provided sufficient credible evidence to establish continuity of symptomatology. Therefore, service connection for this issue is denied.

The Board has granted service connection for a lumbar spine disability, a cervical spine disability, and radiculopathy of the bilateral upper extremities. The claims are based on direct service connection due to in-service injury.

The Veteran's service was not considered eligible for Post-9/11 GI Bill education benefits due to his discharge being an entry level separation and not a dishonorable discharge, nor did he meet the 30-day active duty requirement.

The Veteran's service-connected radiculopathy of the bilateral lower extremities has been manifested by pain, tingling and numbness resulting in no more than mild incomplete paralysis of the sciatic nerve. The criteria for separate disability ratings in excess of 10 percent have not been met.

The Board has denied the Veteran's claims for effective dates prior to specified dates for various service connection determinations. The appeals are dismissed.

The Board denied the Veteran's claims for service connection for various conditions, including a left elbow disability, hernia, vision loss, depression with insomnia, diabetes mellitus, and radiculopathy of the right and left lower extremities. The decision did not address service connection based on exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War Syndrome.

The Veteran's low back disorder is currently rated at 40 percent, which meets the criteria for a disability rating in excess of 40 percent. The Veteran's left and right lower extremity radiculopathy are each rated at 20 percent.

The Board found that the Veteran's character of discharge from Marine Corps Reserve service was under dishonorable conditions, resulting in a bar to VA benefits for the period ending on or about January 10, 1996. The claim for service connection for thoracolumbar DDD with left lower extremity radiculopathy and symptoms of right lower extremity radiation without sensory-neuro deficits was denied as there is no direct evidence linking these conditions to service.

The Veteran's claim for service connection for sciatica, as secondary to his service-connected lumbar spine disability, was denied. The remaining issues are pending.

The Veteran's appeal includes claims for higher ratings for sciatic radiculopathy and vertebral fracture, L1 with multilevel degenerative changes of the lumbar spine. The appeals are mixed as some issues have been granted while others remain unresolved.

The Veteran's lumbar strain with spondylolysis and a herniated disc resulted in functional limitation of forward flexion to 45 degrees prior to December 4, 2015. Effective December 4, 2015, the disability was characterized by slight loss of sensation and diminishment of reflexes of the left lower extremity with moderate pain but without loss of muscle strength, range of motion, or coordination.