Radiculopathy & sciatica decisions — 2016

The Board denied the Veteran's claims for service connection for a left wrist disorder, an acquired psychiatric disorder, and increased ratings for his right knee disability and distal index finger disability. The Veteran's current disabilities were not found to be related to service or due to any other compensable basis.

The Board has reopened the claim of service connection for PTSD and remanded the remaining matters (including the underlying service connection for PTSD claim) for further development. The Veteran is entitled to a hearing before a Veterans Law Judge.

The Board has remanded the case for additional development to obtain service treatment records, provide an examination and opinions regarding the Veteran's lumbar spine disability, left lower extremity radiculopathy, and right knee disability, and address whether his congenital defect incurred a superimposed injury during or due to service.

The Veteran's service-connected disabilities, including his major depression and other psychiatric disorders, have caused him to be unable to obtain and sustain a substantially gainful occupation as of September 11, 2011.

The Veteran withdrew his appeals for increased evaluations in all three issues before the Board.

The Board has remanded the case due to inadequate examination and outstanding VA treatment records. The Veteran's claim for service connection for radiculopathy of the right lower extremity and numbness of the left lower extremity is being reviewed, with a focus on obtaining an MRI and additional medical opinions.

The Board has granted the Veteran's claims for service connection for bilateral lower extremity sciatica/lumbar radiculopathy and bilateral upper extremity cervical radiculopathy, finding that these conditions are secondary to his service-connected lumbar spine and cervical spine disorders. The claim for service connection for bilateral carpal tunnel syndrome is remanded.

The Veteran's thoracic/lumbar levoscoliosis with spondylosis and degenerative disc space narrowing is rated at 20 percent, effective from November 25, 2009. The right lower extremity radiculopathy of the sciatic nerve is rated at 10 percent, effective from August 4, 2015. The left lower extremity radiculopathy of the sciatic nerve is rated at 10 percent, also effective from August 4, 2015.

The Veteran's appeal for a higher rating for his dorsal spine disorder and TDIU based on service-connected disabilities was granted. He is now rated 20% for dorsal spine disorder, with separate 20% ratings for left lower extremity radiculopathy. The effective date of the TDIU determination is June 29, 2015.

The Board has granted the Veteran's claims for effective dates prior to specified dates for left lower extremity radiculopathy, erectile dysfunction, and SMC for loss of use of a creative organ.

The Veteran's claims for higher evaluations and TDIU were denied. The Board found that the evidence did not support a finding of ankylosis or any other condition warranting a higher evaluation, and his right lower extremity radiculopathy was only compensable at 10 percent prior to November 16, 2013.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted.

The Veteran's hypertension, degenerative changes of the thoracolumbar spine, and radiculopathy of the left lower extremity are all found to be related to service.,The Veteran's right knee disability is not directly linked to service but may be secondary to his service-connected left foot disability. The right hip disability is also considered secondary to the service-connected left foot disability.

The Veteran's service connection claim for residuals of a right hip injury, to include a tumor and injury to the right sciatic nerve, is denied as there is no evidence linking these conditions to his military service.

The Veteran's claims for service connection for neurological disabilities of the upper and lower extremities, as well as PTSD, were denied. The Board found no evidence to support these claims.

The Board found that the Veteran's claimed back disability is not related to his military service and denied his claim.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and arranging for a spine examination.

The Board has determined that the Veteran's claimed back, cervical spine, left-sided neurological condition, and right hip disabilities are not related to service. The current diagnoses do not meet the criteria for service connection.

The Veteran's claims for increased evaluations of his lumbosacral spine disability and associated radiculopathies were denied. The Board found that the evidence did not meet the criteria for a higher rating.

The Veteran's cervical radiculopathy with paresthesias of the right upper extremity and right carpal tunnel syndrome is rated at 20 percent since May 12, 2004. The effective date for this rating has been granted as May 12, 2004.