Radiculopathy & sciatica decisions — 2016

The Board has determined that the Veteran was not on a period of authorized travel to duty in February 1964, when he claims he was struck by a car and injured. As such, his current left hip, left fibula, and left shoulder disabilities as well as his left leg lumbar radiculopathy, TBI, and headaches are not service-connected.

The Board granted a TDIU on a schedular basis effective from March 5, 2014.

The Veteran's lumbar spine intervertebral disc syndrome and associated right and left lower extremity radiculopathy are rated at 20 percent from February 3, 2014. The Board granted the higher ratings for these conditions.

The Veteran's claims for increased disability ratings are being remanded due to the need for additional examinations and compliance with examination protocols.

The Board has determined that the Veteran's current back disability is not etiologically related to military service and therefore denied his claim for service connection.

The Veteran's service-connected diabetic neuropathy and radiculopathy of the lower extremities have been rated at 20 percent since May 7, 2015.

The Board denied the Veteran's claims for service connection for right leg disorder, back disorder, headaches, and acquired psychiatric disorder.

The Board found no evidence of a left shoulder disability during service and determined that the current left shoulder disability is not related to service. The hypertension, elbow, wrist, back, radiculopathy, erectile dysfunction, and psychiatric disabilities were also denied as not related to service.

The Board denied the Veteran's claim for an earlier effective date for SMC based on Housebound criteria, but found that he was entitled to SMC at the housebound rate from February 25, 2004, to March 31, 2004, and March 21, 2007, to April 30, 2007.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbosacral spine disability and determine whether he has a cervical spine disability or left upper extremity radiculopathy. The issues include seeking an increase in evaluation for his lumbosacral spine disability and determining service connection for his cervical spine and left upper extremity radiculopathy.

The appeal has been dismissed as the Veteran's representative withdrew it prior to a decision being made.

The Board denied the Veteran's claims of entitlement to increased ratings for his low back disability, right leg L5 radiculopathy, and service-connected right ear hearing loss. The claim for tinnitus was also denied.

The Board has determined that the case must be remanded due to incomplete records and an inadequate VA examination. The Veteran's service connection claims for a low back disorder and left lower extremity radiculopathy will need further development.

The Veteran's osteoarthritis of the lumbar spine was granted a rating of 40 percent prior to August 20, 2012, and in excess of 40 percent thereafter. The condition is not service-connected based on exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling new VA examinations to assess the severity of his service-connected lumbar spine disorder and bilateral lower extremity radiculopathy.

The Veteran's service-connected lumbar spine disability has been rated at 50 percent since December 2009. The Board found that the evidence did not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Board found that there was no evidence of a chronic low back disability in service, and the current lumbosacral spine disability did not manifest within one year post-service separation. The radiculopathy of the lower extremities also did not meet these criteria.

The Board has determined that a remand is necessary to obtain an adequate examination and address the Veteran's lay statements regarding his neck symptoms since service.

The Board has determined that the Veteran's lumbar and cervical spine disorders are not related to his military service, as there is no evidence of a chronic condition in service or within one year after separation. The VA examiner concluded that the current conditions are not related to any aspect of active duty service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a new examination to assess the severity of his service-connected intervertebral disc syndrome (IVDS) and sciatic radiculopathy of the left lower extremity.