Radiculopathy & sciatica decisions — 2016

The Veteran's service-connected disabilities, including diabetes mellitus type II and bilateral lower extremity diabetic neuropathy, render him unable to obtain and maintain substantially gainful employment. The Board finds that he is entitled to a TDIU.

The Veteran withdrew his appeal for all issues except the right shoulder replacement with osteoarthritis. The Board dismissed the appeals of the remaining issues.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of service connection or an increase in disability rating.

The Veteran's claims for increased ratings for patellofemoral syndrome of the right knee and degenerative disc disease of the lumbar spine with right L-5 radiculopathy were denied. The initial noncompensable disability rating for patellofemoral syndrome of the right knee was not warranted prior to May 16, 2003, and a 10 percent rating from that date until June 25, 2010, was also not granted.

The Board has remanded the case due to inadequate examination and insufficient reasoning in the May 2010 VA opinion. The claims for service connection are now pending.

The Veteran's cervical radiculopathy of the left upper extremity is found to be related to his active service, and he is granted service connection for this condition.

The Veteran's appeal is being remanded for further development to assess the functional effects of his service-connected disabilities on his employability.

The Veteran's claims for right hip disorder and radiculopathy of the right lower extremity have been denied as there is no established current disability, and the evidence does not support a finding that these conditions are related to service or a service-connected condition.

The Board has determined that the Veteran's sciatica of the right lower extremity is proximately due to his service-connected lumbar spine disability. The Veteran's degenerative arthritis of the lumbar spine warrants a 10 percent evaluation, as it does not result in limitation of forward flexion of the thoracolumbar spine to 60 degrees or less, a combined range of motion of 120 degrees or less, severe guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis or abnormal kyphosis, ankylosis, or incapacitating episodes requiring bedrest and treatment by a physician. The Veteran's hypertension has been manifested by diastolic blood pressure of predominantly between 70 mm and 90 mm, and by systolic pressure predominantly in the 130s and 140s.

The Veteran's sciatic nerve damage with residual left leg pain, numbness in toes, and burning sensation in the left heel was not caused by VA carelessness, negligence, or lack of proper skill. The Board found that there is no evidence to support a finding of additional disability due to VA medical care.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues include service connection for a neck disability, increased ratings for lumbar spine and radiculopathy of the left lower extremity, and TDIU.

The Board has remanded the case due to outdated and inconsistent examination reports, requiring new examinations for the Veteran's lumbar spine disorder and lower extremity radiculopathy.

The Board has reopened the Veteran's claim for service connection for a right hip disorder, including arthritis, sciatica, and a back disability. The issue is now remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet the criteria to establish entitlement to service connection for a right shoulder disability, bilateral upper extremity neuropathy, or bilateral leg disability. The April 2009 rating decision denying service connection for a heart disability is final.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's cervical disc disease with radiculopathy and headaches is currently rated at 20 percent, but the evidence does not support a higher rating.

The Veteran's lumbar spine disability, with consideration of additional functional loss due to pain during flare-ups, more closely approximates forward flexion to less than 30 degrees. Incapacitating episodes of IVDS are not shown.

The Veteran's claim of entitlement to disability compensation pursuant to 38 U.S.C.A. § 1151 for xerostomia has been rendered moot due to the grant of service connection, and thus is dismissed. The TMJ disability is found to be secondary to his service-connected tinnitus. The thoracolumbar spine disability with sciatica does not meet the criteria for service connection.

The Board denied service connection for a cervical spine disorder and a right shoulder disorder, finding that the Veteran's current conditions are not causally related to his military service or any service-connected disability.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.