Radiculopathy & sciatica decisions — 2016

The Board found that the Veteran's low back disability did not have its onset in service and is not otherwise related to her active service. The evidence does not support a finding of secondary service connection due to her right ankle periostitis.

The Veteran's lumbar spine disorder was rated at 20 percent prior to April 11, 2013. The Board found that a higher rating of 40 percent is warranted for the period from July 12, 2008 to April 11, 2013.

The Board found that the Veteran's current right knee and low back disabilities are not related to his service, as there is no evidence of a chronic ongoing condition associated with his military service. The preponderance of the evidence supports the denial of these claims.

The Board has remanded the case for additional development, including obtaining private treatment records and providing a VA examination to determine if any current back or right leg disability is related to service.

The Board has determined that the Veteran does not have a current disability of bilateral ankles or neuropathy/radiculopathy affecting his upper and lower extremities, and thus service connection for these conditions is denied.

The Board has remanded the Veteran's claim of entitlement to TDIU due to inconsistencies in VA examination reports and need for further development.

The Veteran's bilateral wrist, knee, and ankle disabilities were incurred in service. The Veteran's left ear hearing loss disability was caused by service. Tinnitus was also found to be incurred in service. Service connection for lumbar spondylosis and left lower extremity radiculopathy is granted.

The Veteran's TDIU claim is granted effective as of January 8, 2015. The remaining claims are remanded for additional development.

The Veteran's right knee chondromalacia patella has been granted a 20 percent disability rating, effective from the date of this decision. The restoration of a 20 percent rating for his lumbar spine condition is also granted.

The Board denied the Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence did not support a rating in excess of 40 percent for the right lower extremity or 10 percent for the left lower extremity.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and an addendum opinion from the April 2015 VA examiner regarding bedrest prescribed for her service-connected HNP with lumbosacral strain.

The Veteran's service-connected disabilities, including PTSD, thoracolumbar strain, radiculopathy, and migraine headaches, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU are met.

The Veteran's service-connected lumbar DDD and right sciatic nerve dysfunction were granted initial schedular ratings of 10 percent prior to May 2015, with a subsequent increase to 20 percent effective from November 30, 2013.

The Veteran's lumbar spine disorder with sciatica was granted a 40 percent disability rating effective January 5, 2010.

The Veteran's appeal has been dismissed as the appellant (Veteran) withdrew his appeal prior to a decision being made by the Board.

The Veteran's right lower extremity radiculopathy, associated with a service-connected low back disability, is manifested by decreased sensation to light touch in the right lower leg/ankle (L4/L5/S1) and right foot/toes (L5), and productive of moderate impairment. The Board finds that this condition warrants a 20 percent rating.

The Board finds that the Veteran's disability manifested by right leg and foot tingling is not related to his active service, and thus denied service connection.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his low back and cervical spine disabilities, right knee disability, or radiculopathy of the lower extremities.

The Veteran's lumbar spine degenerative joint and disc disease was rated at 20% effective February 5, 2008. His lumbar radiculopathy of the right lower extremity was rated at 10% effective November 18, 2004.