Radiculopathy & sciatica decisions — 2016

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of outstanding medical records.

The Veteran's cervical spine disability is rated at 10 percent, and his right upper extremity radiculopathy is rated at 40 percent. The left upper extremity radiculopathy is also rated at 30 percent.

The Veteran's claim for service connection for a right hip disability, including as secondary to his service-connected lumbar spine and sciatic nerve paralysis disabilities, is being remanded for additional development.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to evaluate the Veteran's right ankle disability. The claim for TDIU is also being remanded.

The Board has dismissed the appeal for service connection of headaches as moot due to a grant of service connection for traumatic brain injury. The claims for hearing loss and low back disorder with bilateral sciatica were denied as there is no evidence linking these conditions to service or the first post-service year.

The Veteran's service connection claims for bilateral hearing loss, vitreous floaters of the right eye, and right hip sciatica have been granted. The initial rating for right hip sciatica remains in appellate status.

The Veteran does not have a current right hip disorder with sciatica, and the Board finds that service connection for this condition is denied.

The Veteran's cervical spondylosis with degenerative disc disease is rated at 30 percent, and his radiculopathy of the right and left upper extremities are each rated at 20 percent.

The Board has determined that the Veteran's lumbar spine disorders, including spondylosis, spinal stenosis, arthritis, degenerative facet hypertrophy, degenerative disc disease, and radiculopathy, are aggravated by his service-connected knee and ankle disabilities. As such, the claim for service connection is granted.

The Board has granted the Veteran's claims to reopen his service connection for left leg and left hip disabilities, finding that they are secondary to his service-connected lumbar disability. The effective date is not specified as it was a reopening of previously denied claims.

The Veteran's service-connected peripheral radiculopathy and diabetic peripheral neuropathy, right lower extremity, is rated at 40 percent since September 12, 2013. The same rating applies to the left lower extremity from May 5, 2011 to September 4, 2013, and then again from September 5, 2013.

The Board has determined that the Veteran's back disability does not warrant a higher rating, and his secondary service connection for radiculopathy of the right lower extremity is granted.

The Veteran's cervical radiculopathy, right and left upper extremities associated with cervical spondylosis with disc disease, status post larninectomy, has manifested as subjective complaints of forearm paresthesias, lightning-like pain from the neck down to his arms, numbness and tingling sensation in his digits, and weakened grip due to slightly decreased muscle strength. The criteria for an initial rating in excess of 20 percent have not been met.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess his current level of radiculopathy of the right lower extremity.

The Veteran's appeal has been withdrawn by his representative before the Board could issue a decision.

The Veteran's lumbar spine disability was rated at 40 percent effective November 20, 1989. The claim for a higher rating is moot due to the grant of a single 60 percent rating for his combined spine disabilities. A separate 10 percent rating for left cervical radiculopathy has been granted and remains in effect. Effective November 20, 1989, the Veteran's TDIU and DEA eligibility were established.

The Board has determined that the Veteran's bilateral pes planus did not increase in severity during service and was not aggravated beyond its natural progression. For his low back disability with left leg radiculopathy, the VA examiner found no evidence of a pre-service condition or aggravation by service. The opinion relied on post-service medical records for conclusions about the onset of symptoms.

The Veteran's left lower extremity radiculopathy has been rated at 20 percent since December 2007.,Prior to October 21, 2013, the Veteran was found unable to secure and follow a substantially gainful occupation due to service-connected disabilities.

The Veteran's claims for higher evaluations and TDIU were denied. The Board found that the evidence did not support an evaluation in excess of 40 percent for DDD L4-5, L5-S1; a separate 20 percent rating for left leg radiculopathy prior to October 1, 2010, and a separate 10 percent rating thereafter; or a TDIU based on his service-connected disabilities.