Radiculopathy & sciatica decisions — 2017

The Board found that the Veteran's current low back disorder did not have its onset during service, was not shown to be related to service, and is not otherwise etiologically related. As a result, the claim for service connection was denied.

The Veteran's claims for increased ratings for his low back disability, right lower extremity radiculopathy, and left CTS were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's low back disability and radiculopathy of the lower extremities have been granted initial ratings, with no higher. The Veteran does not meet criteria for a higher rating based on additional functional loss due to pain or other factors.

The Veteran is granted a rating of 20 percent for his back condition and left lower extremity radiculopathy throughout the period on appeal.,An effective date of May 9, 1997, is assigned for the award of service connection for the Veteran's back condition.

The Veteran's appeal is being remanded for additional examinations to assess the severity of his service-connected back disability and radiculopathy of the right and left lower extremities, as well as for new records from VA facilities.

The Board has denied the Veteran's claims for service connection for a cervical spine condition and radiculopathy, as new and material evidence was not submitted to reopen the previously denied claim. The Board also found that the Veteran is not unemployable due to his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the cervical spine and left arm radiculopathy, finding that there is no evidence to support a direct relationship between these conditions and his active duty service.

The Board has determined that the Veteran's low back, right thigh, and right hip disabilities are related to her active service.

The Board has determined that the Veteran's bilateral lower extremity radiculopathy, claimed as bilateral leg pain, is caused or aggravated by radiation treatment for his service-connected prostate cancer. As a result, the claim for accrued benefits is granted.

The Veteran's appeal for increased ratings and effective dates has been denied. The Board found that the Veteran's radiculopathy of the left lower extremity is only manifested by mild pain, which does not meet the criteria for a higher rating.

The Board has remanded the case for a new VA examination to address the nature and etiology of any neurological condition of the bilateral lower extremities, including peripheral neuropathy and sciatica. The appeal is now REMANDED.

The Veteran's claims for increased ratings for lumbar stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied as there is no evidence of ankylosis or incapacitating episodes of intervertebral disc syndrome. The current ratings are found to be appropriate.

The Veteran's service-connected right lower extremity radiculopathy (right L5 radiculopathy) and erectile dysfunction have been granted effective from January 18, 2011. The initial evaluations for IVDS prior to November 1, 2011 are also granted.

The Veteran's appeal for increased ratings for low back disability, right and left lower extremity radiculopathy was dismissed due to the withdrawal of the appeal for an increased rating for a low back disability.

The Board has remanded this matter to afford the Veteran a VA examination in order to assess the current level of functional impairment of his service-connected lumbar spine disability and associated radiculopathy. The Veteran failed to report for the scheduled examinations, so he is being rescheduled for another one.

The Veteran's service-connected disabilities are shown to prevent him from securing or following substantially gainful employment, and the Board has granted a TDIU on an extraschedular basis effective December 9, 2015.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine with spondylosis and intervertebral disc disease involving the right sciatic nerve is related to his in-service low back symptomatology, resolving doubt in favor of the Veteran.

The Veteran's claim for special monthly compensation (SMC) due to the need for regular aid and attendance of another person or being housebound is remanded for further development, including obtaining a VA examination to determine if his service-connected conditions alone result in the need for such benefits.

The Veteran's appeal for increased ratings was granted, with a 20 percent rating assigned for the right lower extremity and a separate compensable rating for left lower extremity neurological symptoms. The service connection is determined to be direct.

The Board denied the Veteran's claim of entitlement to an effective date earlier than September 28, 1998 for service connection for low back strain with sciatica and PTSD. The decision was based on a lack of evidence showing that the Veteran filed a formal or informal claim prior to September 1998.