Radiculopathy & sciatica decisions — 2017

The Board has remanded the case for further development, including obtaining additional medical opinions to address the etiology of the Veteran's cervical spine and left shoulder disabilities.

The Veteran's claim for higher ratings for diabetes mellitus and peripheral vascular disease of the lower extremities was denied. Service connection for hypertension, radiculopathy, heart disorder, and liver disorder were also denied.

The Veteran's appeal is being remanded for further development and consideration of his claims, including obtaining treatment records and scheduling a VA examination.

The Veteran's low back disability is rated at 30 percent, effective from the date of claim.,The Veteran's radiculopathy of the right lower extremity associated with his lumbar spine disability is rated at 20 percent, effective from the date of claim.,The Veteran's radiculopathy of the left lower extremity associated with his lumbar spine disability is rated at 20 percent, effective from the date of claim.,The Veteran is found to be unemployable due to service-connected disabilities.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his cervical spine and associated upper extremity radiculopathy disabilities. The claims will be adjudicated again after this additional development.

The Board denied the Veteran's claims for service connection for angioneurotic edema, bilateral hearing loss, a low back disability, right lower extremity sciatica, left lower extremity sciatica, and sinusitis. The reasons provided were that there was no evidence of these conditions in service or for many years thereafter, and they are not related to service.

The Veteran's claims for service connection were denied as the conditions are not related to his active duty service or any in-service exposure. The Board found that the peripheral vascular disease, including DVT, was caused by Factor V Leiden deficiency and not due to sodium dichromate exposure. Chronic fatigue syndrome and fibromyalgia were also not shown to be related to service.

The Veteran's appeal is currently in remand status due to the need for additional development, including obtaining VA and private treatment records and a new medical opinion from the June 2016 examiner.

The Veteran meets the schedular criteria for a total disability rating based on individual unemployability due to service-connected PTSD, which renders him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected left and right upper radiculopathies have been rated based on the severity of their symptoms, which do not meet the criteria for a higher rating under Diagnostic Code 8514.

The Veteran's PTSD, ischemic heart condition, tinnitus, lumbar osteoarthritis, radiculopathy of the right leg, and ankle strain have rendered him unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. The Board finds that he is entitled to TDIU based on his PTSD alone.

The Veteran's service-connected lumbar spine stenosis has been rated at 20 percent since April 15, 2015. The Board finds that the evidence supports a higher rating.

The Veteran's claim for an increased rating for his service-connected left lower radiculopathy disability was denied as the current schedular criteria are adequate to rate the disability at all pertinent points, and no claim of unemployability due solely to this disability has been raised.

The Board has remanded the case for further development, including examinations to determine if the Veteran requires aid and attendance or is housebound due to his service-connected conditions. The earlier effective date issue remains pending.

The Veteran's low spine arthropathy and left lower extremity radiculopathy have been rated based on their service-connected status. The rating of 40% for the low spine arthropathy is granted from August 13, 2012 to the present.

The Veteran's sensory deficit in the left upper extremity and right lower extremity sciatic nerve involvement are rated at 40 percent each, effective June 8, 2007.,The Veteran's left lower extremity sciatic nerve involvement is also rated at 40 percent, effective June 8, 2007.

The Veteran's TDIU claim is being remanded for additional development, including obtaining medical records and scheduling an examination to assess the severity of his service-connected cervical strain, lumbar strain, radiculopathies.

The Board has remanded the case for further development, including an addendum opinion from a VA examiner to address whether the Veteran's left upper extremity radiculopathy is characterized by signs and symptoms associated with neuritis, neuralgia, or paralysis of the middle radicular group or upper radicular group.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective December 2, 2016. The Board found that the criteria for a higher rating prior to this date were not met.

The Veteran's current degenerative changes of the cervical spine and bilateral cervical radiculopathy of the upper extremities are related to his in-service injury during a period of INACDUTRA, and thus service connection is granted.