Radiculopathy & sciatica decisions — 2016

The Board denied the Veteran's claims for service connection for a neck disability including myofascial pain syndrome of the neck, bilateral upper extremity radiculopathy, and TBI. The decision also addressed whether new and material evidence had been received to reopen these claims.

The Veteran's low back disability, neck muscle spasms, and radiculopathy of the hips are all found to be related to his service-connected conditions. His bilateral hearing loss is also found to be related to noise exposure in service.,The right shoulder condition is not found to be caused or aggravated by his service-connected cervical spine disability.

The Board finds that the Veteran's current lumbar spine disorder, including sciatica, is not causally or etiologically related to his military service. The VA examinations conducted did not provide a clear conclusion with supporting data.

The Veteran's combined disability rating is 70 percent, which meets the criteria for TDIU based on his service-connected disabilities. However, the evidence does not support a finding that he is unemployable due to these conditions.

The Board denied the Veteran's claim for an earlier effective date for service connection of sciatica, right due to a final denial in February 1973 and no new evidence submitted between then and July 31, 2009.

The Board has remanded the case for a new VA spine examination and opinion to address service connection claims, including those related to radiculopathy of the lower extremities. The case will be returned to the Board after further adjudication.

The Veteran's lumbar disc disease was rated at 20 percent prior to November 12, 2014, and increased to 40 percent from that date. The rating for his right lower extremity radiculopathy remains at 10 percent.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and associated sciatica, is related to his in-service injury. His claim for service connection was granted.

The Veteran seeks an earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to November 16, 2009. The Board is required to determine if there is plausible evidence that the Veteran was unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities prior to this date.

The Veteran's initial ratings for right knee, left knee, and right hip osteoarthritis have been granted at 10 percent each. The Veteran is also rated separately for limitation of extension in the right hip (rated as a separate condition). The Veteran's lumbar spine disability has been rated at 20 percent, with no higher rating due to lack of ankylosis or other specific criteria being met. The Veteran's left lower sciatic nerve neuralgia has not warranted a higher initial evaluation.

The Veteran's low back disability was granted an increased evaluation of 40 percent effective November 13, 2013. He also received a separate rating for radiculopathy of the right lower extremity associated with his service-connected low back disability.

The Veteran's appeal has been withdrawn due to his satisfaction with the increased ratings for the neurologic manifestations of his low back disability.

The Veteran seeks compensation under 38 U.S.C.A. � 1151 for left lower extremity neurological impairment he contends that he suffered as a result of a left hip replacement on November 29, 2005 at the VA Medical Center in Columbia, South Carolina.

The Board has granted service connection for the Veteran's claimed lumber spine disorder and bilateral sciatica, both found to be directly related to his service-connected right knee disorder.

The Veteran's disability ratings for his cervical spine disorder and left upper extremity radiculopathy were granted, with the left C6-C7 herniated disc rated at 10 percent from October 29, 2010, to April 2, 2013, and 20 percent thereafter; the cervical radiculopathy of the left upper extremity was also rated at 20 percent since October 16, 2012.

The Board has reopened the Veteran's claim of entitlement to service connection for a lumbar spine disorder and finds that it is at least as likely as not that his current condition developed during active service. Service connection is therefore granted.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and lower extremity radiculopathy. The Veteran was also denied a higher rating for his lumbar spine disability.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board issuing a decision.

The Veteran's current mood disorder is found to be secondary to chronic pain associated with his service-connected orthopedic disabilities, including lumbar and cervical spine conditions.

The Veteran's lumbosacral strain was initially rated at 10 percent from November 8, 2008 to February 23, 2011. From February 24, 2011, the rating was increased to 20 percent.