Radiculopathy & sciatica decisions — 2017

The Veteran's claims were denied across multiple issues, including service connection for various conditions and ratings for existing disabilities. The appeals are not about service connection at all.

The Veteran's service-connected disabilities do not result in a combined effect that warrants an extra-schedular rating, and his claim for heart disease is denied.

The Veteran's service-connected cervical spine disability and associated radiculopathy in the bilateral upper extremities have been rated at 40 percent since April 12, 2002.

The Veteran's claims for increased evaluations for his lumbar spine disability and left leg sciatica are being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's panic disorder is rated at 30 percent since January 27, 2012.,The Veteran's low back disability has been rated at 10 percent since October 23, 2011. The claim for a higher rating remains pending.,The Veteran's neck disability has been rated at 10 percent since October 18, 2013.,The Veteran's left upper extremity radiculopathy and carpal tunnel syndrome have been rated at 30 percent since October 23, 2011.,The Veteran's digestive disability has not yet reached the threshold for a higher rating.,The Veteran's painful scars have been rated as non-compensable (0 percent).,The Veteran's anemia has not yet reached the threshold for a higher rating.,The Veteran's uterine condition, with secondary voiding dysfunction, has been rated at 30 percent since October 18, 2013.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and conducting VA examinations to assess the Veteran's disabilities. The issues of increased ratings for lumbar degenerative disc disease remain on appeal.

The Veteran's right and left lower extremity radiculopathy have been granted initial ratings of 20 percent each, effective September 3, 2015.,Both conditions are rated under the criteria for incomplete paralysis of the sciatic nerve (DC 8520).

The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.,The Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling since February 19, 2016. The skin disorder claim was denied due to lack of evidence linking the condition to service or undiagnosed illness. Service connection for chronic fatigue syndrome and fibromyalgia were not granted, while abdominal pain, weight loss, and gastrointestinal issues were found to be related to an undiscovered illness.

The Veteran's bilateral lower extremity radiculopathy is at least as likely as not caused or aggravated by his service-connected low back disability.

The Board has restored the Veteran's 40 percent rating for low back pain, muscular with productive and degenerative changes from September 1, 2017. The Board also granted entitlement to a TDIU based on service-connected disabilities.

The Veteran's radiculopathy of the right and left lower extremities is found to be caused by his service-connected low back disability, warranting secondary service connection.

The Veteran's appeal has been withdrawn due to the request for withdrawal of all remaining claims on appeal.

The Board has denied the Veteran's claims for earlier effective dates for the grants of service connection for lumbar spine disability and right lower extremity radiculopathy, finding that there are no unadjudicated applications prior to December 19, 2007.

The Board has determined that the reduction in the evaluation from 20 percent to 10 percent for right lower extremity radiculopathy was improper and restored a 20 percent rating effective March 1, 2014.

The Veteran is granted a 70 percent rating for service-connected depressive disorder prior to July 29, 2009.,A compensable rating of 10 percent is assigned for hypertension throughout the appeal period.

The Board has granted service connection for residuals of a right thumb injury, right lower extremity radiculopathy associated with service-connected lumbar spine disability, and right piriformis syndrome.,Reasoning: The evidence is at least evenly balanced as to whether the Veteran currently has these conditions related to his in-service injuries.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, right lower extremity radiculopathy, chronic lumbar strain with mild disc disease, migraines, tinnitus, and bilateral hearing loss, rendered her unable to secure or follow substantially gainful employment as of July 27, 2015.

The Board denied entitlement to higher initial ratings for cervical radiculopathy of the right and left upper extremities, finding that the Veteran's upper extremity radiculopathy was mild in nature.

The Veteran's cervical spine disability is rated at 10 percent, effective May 26, 2004. From March 16, 2010 to April 17, 2015, the Veteran was granted a rating of 20 percent for left upper extremity radiculopathy associated with his cervical spine disability. The Board denied entitlement to TDIU as the Veteran's service-connected disabilities alone do not render him unable to secure or maintain substantially gainful employment.

The Veteran's service-connected disabilities were not found to be of such severity as to preclude substantially gainful employment, and warrant referral for extra-schedular consideration of TDIU.