Radiculopathy & sciatica decisions — 2017

The Veteran's right leg weakness is not service connected, as the current evidence does not support a causal relationship between his in-service fall and his current condition. His personality disorder was misdiagnosed in service, but there is no clear and unmistakable evidence that his anxiety preexisted service or was aggravated by service.

The Board has determined that the Veteran's lumbar spine disorder and right ear hearing loss were not caused by his in-service injury, disease, or event. The claim for service connection is denied.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his back disability and determine if there are any flare-ups that affect his range of motion.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU prior to April 7, 2010. The combined rating was less than 70% and none of her conditions were rated at 60%. She worked through 2009 and had limitations due to her disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding the etiology of his hypertension, heart disease, and cervical spine disorder with upper extremity radiculopathy.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine condition did not meet the criteria for a higher rating, and there was no evidence of cervical or hemorrhoid conditions related to service.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Board denied the Veteran's claims for service connection for left lower extremity sciatica as secondary to mild degenerative disc disease L4-L5 and his claim for a total disability evaluation based on individual unemployability (TDIU). The evidence did not support granting either claim.

The Veteran withdrew his appeals for the claims of entitlement to service connection for bilateral elbow epicondylitis, left hip bursitis, left hand pain, heart murmur, hemorrhoids, pseudofolliculitis barbae, right foot fungus, hyperhidrosis and left arm cubital syndrome.

The Board has determined that the Veteran's left lower extremity radiculopathy is caused by his service-connected lumbar disc disease, and thus service connection for this condition is granted.

The Board has determined that the Veteran's lumbar spine disability warrants a rating of 40 percent prior to July 12, 2016 and 60 percent since then.

The Veteran's lumbar spine disability has not exhibited favorable or unfavorable ankylosis of the entire spine or thoracolumbar spine at any point during the appeal and has not manifested in incapacitating episodes having a total duration of at least 6 weeks during a 12 month period since May 25, 2012. Therefore, he is not entitled to higher ratings for his DDD of the lumbar spine with IVDS.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and updated treatment records.

The Veteran's claim for increased ratings and service connection were denied. The Board found that the severity of his left lower extremity radiculopathy did not warrant a rating in excess of 20 percent, he did not meet criteria for secondary service connection for his shoulder disability, and there was no evidence to support entitlement to TDIU.

The Veteran seeks a TDIU based on his service-connected disabilities, but additional development is needed to fully assess the impact of these conditions on his ability to work.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claim for an increased rating for his service-connected lumbar degenerative disc disease with scar is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Board found that the Veteran did not have service in Vietnam or along the DMZ of Korea, and thus could not be presumed to have been exposed to herbicides. The claims for service connection were denied as there was no evidence linking any claimed conditions to service.

The Board has determined that the Veteran does not have a current cervical spine, right lower extremity radiculopathy, or right leg strain disability that is related to service. The preponderance of evidence fails to establish such a relationship.

The Veteran's bilateral lower extremity radiculopathy is considered to be proximately due to or the result of her service-connected lumbar spine disability, and thus service connection for this condition is granted.