Radiculopathy & sciatica decisions — 2017

The Veteran's chronic low back disorder with left lumbar radiculopathy is not service-connected as it did not manifest during or due to service.,Hair loss, initially diagnosed as alopecia areata, resolved during service and is not considered a disability for VA compensation purposes.

The Veteran's service-connected disabilities alone prevented him from securing or following a substantially gainful occupation prior to December 8, 2009.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination. The claims will be reconsidered based on the additional evidence.

The Veteran's cervical spine condition and right upper extremity radiculopathy were rated at the maximum available disability ratings, with no further increase granted. The TDIU claim was denied.

The Board finds that the Veteran's current low back disability did not manifest during service or within one year of separation, and there is no clear and unmistakable evidence to rebut the presumption of soundness. The VA examiner concluded that the Veteran's lumbar disability was not aggravated by his second period of active duty.

The Veteran's service-connected disabilities, including PTSD and lumbar degenerative changes, collectively preclude him from securing and maintaining substantially gainful employment.

The Board found that the Veteran's current low back and right leg disabilities are not related to service, as there is no evidence of chronic symptoms during or within one year after service. The diagnoses provided by VA examiners were inconsistent with the preexisting condition determinations made at service entrance.

The Board has granted service connection for left sciatica and a lumbar spine disorder as secondary to the Veteran's service-connected disabilities. The right foot disability is rated at 30 percent, which is the maximum schedular rating under Diagnostic Code 5284. A TDIU is also granted.

The Veteran's claim for PTSD was granted with an effective date of November 3, 1997. The issue of DEA benefits is denied as there were no service-connected disabilities prior to December 19, 1996.

The Board denied the Veteran's claims for higher ratings for his thoracolumbar spine disability and left leg radiculopathy, finding that the evidence did not support a rating in excess of 20 percent. The TDIU appeal was withdrawn by the Veteran.

The Veteran's claim for higher levels of SMC based on service-connected disabilities was denied as his conditions do not meet the legal criteria for such benefits.

The Board found that there is no evidence of peripheral neuropathy or radiculopathy in the Veteran's upper or lower extremities, and thus denied service connection for these conditions.

The Board has determined that there is no current diagnosis of radiculopathy of the bilateral lower extremities, and thus service connection for this condition cannot be granted.

The Board found that the Veteran's lumbar spine disorder, including spina bifida and arthritis, did not manifest during service or within one year of discharge. The evidence also failed to establish a link between his active service and his bilateral lower extremity radiculopathy. As such, the claims for these conditions were denied.

The Board has determined that the Veteran's claimed disabilities are not related to service, and therefore, denied his claims.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's service-connected cervical spine disability. The Veteran will be provided with another opportunity to respond after the supplemental statement of the case is issued.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before a Veterans Law Judge sitting at the RO. The case will be returned for further action.

The Veteran is granted initial ratings of 20 percent for sciatic peripheral neuropathy of the right and left lower extremities.,The Veteran's femoral peripheral neuropathy of the right and left lower extremities do not warrant a rating in excess of 10 percent.

The Veteran's TDIU claim was granted effective from October 16, 2013. Prior to this date, his service-connected disabilities did not meet the criteria for a TDIU.

The Veteran's hypertension is related to his military service. The claims for service connection for gouty arthritis, cervical and lumbar spine disorders, and bilateral leg disorders are denied as secondary to service-connected disabilities.