Radiculopathy & sciatica decisions — 2017

The Veteran's claims for service connection for a dental disorder, melanoma of the face, scalp, back, and chest, chronic disability manifested by numbness in the legs, back disorder, and right knee disorder have been denied as there is no evidence of these conditions during his active duty or within one year thereafter. The Board finds that the Veteran did not sustain any injuries to his teeth or develop a dental condition while on active duty. He also does not have a current diagnosis of melanoma of the face, scalp, back, and chest. His claimed disorders are not related to service.

The Veteran's appeal is remanded due to the need for further development, including a VA examination.

The Veteran's service-connected residuals of lumbar strain with intervertebral disc disease, right leg radiculopathy, and left lower extremity sciatic radiculopathy are rated at 40 percent from September 13, 2016. The claim for a higher initial rating is denied.,The Veteran's service-connected right leg radiculopathy is currently rated as 20 percent disabling. The claim for an increased rating is denied.

The Board has determined that the Veteran's current lumbar spine arthritis with bilateral lower extremity radiculopathy did not arise from his in-service injuries and is not related to service. The claim for service connection is denied.

The Veteran's service connection claims for left shoulder condition, dizziness and balance condition (to include TBI), bilateral plantar fasciitis, restrictive airways disease, and total disability rating due to individual unemployability were denied. The Veteran was granted increased ratings for migraine headaches, acquired psychiatric disorder, and back disorder.

The Veteran's claims for service connection for spondylolisthesis with arthritis of thoracolumbar spine and sciatic radiculopathy of the left lower extremity were denied as there is no evidence linking these conditions to service. The Board found that the Veteran did not meet the Hickson elements, which include a showing of in-service injury or disease, current disability, and medical nexus.

The Veteran's service-connected disabilities, including a lumbar spine disability, cervical spine disability, right and left shoulder disabilities, bilateral lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for various conditions, including fibromyalgia, chronic fatigue syndrome (CFS), a right ankle disability, residuals of low back injury, right lower extremity sciatica, sinusitis, rhinitis, IBS, and GERD. The decision also addressed reopening of his claim for service connection for asbestos exposure.

The Veteran's appeal is being remanded due to the need for additional examinations and opinions regarding his service-connected left knee disability, as well as the relationships between his various disabilities. The claims are also inextricably intertwined with TDIU and DEA.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment consistent with his education and occupational experience, warranting a TDIU.

The Veteran's claim for TDIU is being remanded due to the need for further development and consideration by the Director of Compensation Service.

The Veteran's left knee DJD is service-connected, and his right L5-S1 radiculopathy remains at a 20 percent rating. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's service connection for right ear hearing loss is granted. For diabetes mellitus, the rating prior to January 13, 2017 remains unchanged at 20 percent; however, a higher rating of 40 percent is granted since that date.

The Board granted the Veteran's appeal for a disability rating of 40 percent for his lumbar spine disability, effective from April 29, 2013. The other issues were not addressed as the Veteran withdrew his appeal regarding the major depressive disorder claim.

The Veteran's folliculitis, low back disability, chronic right ankle sprain disability, and left hand/thumb disability are all found to be service-connected. The Veteran's right thumb disability is not service-connected. A rating in excess of 10 percent for the scar from head surgery is granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA spine examination.

The Board has determined that the Veteran's low back disability does not warrant a rating in excess of 20 percent, and his radiculopathy of the right lower extremity does not warrant a rating in excess of 10 percent.

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

The Veteran's service-connected disabilities do not preclude substantially gainful employment.

The Veteran's appeal has been withdrawn prior to a decision being made by the Board.