Radiculopathy & sciatica decisions — 2017

The Veteran has withdrawn all claims currently on appeal, including those for increased ratings for radiculopathy of the right and left lower extremities and for a TDIU.

The Board has determined that the Veteran's neck disability was not incurred in or aggravated by active service and may not be presumed to have been so incurred. The Veteran's chronic, infectious skin condition of the feet (athlete's foot) was also not incurred in or aggravated by active service.

The Veteran's claims for higher disability ratings were granted, with a rating of 20 percent assigned for his left lower extremity radiculopathy since March 19, 2012.

The Board has granted service connection for L-4 and L5-S1 disc protrusions and severe spinal canal stenosis with left lumbar radiculopathy, as well as residuals of removal of the right testicle due to a benign mature cystic teratoma. The Veteran's claims for his bilateral shoulder disorders are addressed in the REMAND portion.

The Board denied the Veteran's claim to reopen his previously denied claim for service connection for degenerative joint disease and degenerative disc disease with spinal stenosis of the cervical spine due to a lack of timely Substantive Appeal. The Board also found that there is sufficient evidence to support the grant of service connection for herniated nucleus pulposus of the lumbosacral spine with left lower extremity radiculopathy and right knee strain.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess his left lower extremity radiculopathy and cervical spine condition. The claims will be readjudicated after the additional development.

The Veteran's claims for increased ratings for thoracic outlet syndrome, brachial plexus neuropathy of the left upper extremity, right and left lower extremity radiculopathy are being remanded due to inadequate development.

The Veteran's service-connected disabilities do not meet the criteria for SMC at a higher rate based on need for regular aid and attendance.

The Veteran's sinus condition was not caused or aggravated by active military service.,New and material evidence has been submitted to reopen the claim for low back pain with sciatica, but it is not etiologically related to service.,CTS of the left upper extremity was not caused or aggravated by active military service or a service-connected disability.,Evidence received since the May 2007 rating decision raises a reasonable possibility of substantiating the claim for diabetes mellitus; however, the Veteran's COPD is not etiologically related to service.,New and material evidence has been submitted to reopen the claim for hypertension. The evidence does not show that this condition was caused or aggravated by service-connected PTSD.,Fibromyalgia was not caused or aggravated by active military service.,The Veteran's application to reopen his previously denied claim for ureaplasma urealyticum (to include infertility, low sperm count, and low testosterone) has not been supported by new and material evidence.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his lumbar spine disability, as well as additional records from August 2014 to present.

The Veteran's appeal is remanded to the AOJ for initial adjudication of his claim for a total disability rating based on individual unemployability prior to May 6, 2015. The case must be readjudicated and any benefit on appeal must be denied if still denied.

The Veteran is currently service connected for multiple disabilities, including major depressive disorder, degenerative arthritis of the thoracolumbar and cervical spine, radiculopathy of the right upper and lower extremities, and tinnitus. His current combined rating is 80 percent. The Board finds that he meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's radiculopathy of the right lower extremity has been rated at 20 percent since June 6, 2012.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board finds the Veteran has a lumbar spine disorder and bilateral lower extremity sciatica that are secondary to his service-connected right knee disorder. The Veteran's altered gait due to his right knee disability caused or contributed to his current lumbar spine and sciatica disabilities.

The Veteran's lumbar spine, right lower extremity neurological, and right hip disabilities are caused by his service-connected right knee disability.,Your current lumbar spine, right lower extremity neurological, and right hip disabilities were caused by your service-connected right knee disability.

The Board has determined that the Veteran's lumbar spine disability with radiculopathy of the bilateral lower extremities is service connected. The issues of entitlement to service connection for peripheral neuropathy and a disability of the bilateral lower extremities manifested by edema are addressed in this decision.

The Board has granted an effective date of September 23, 2002 for the award of a 10 percent rating for right upper extremity radiculopathy associated with the Veteran's cervical spine disability.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, necessitating the grant of SMC at the aid and attendance rate.

The Veteran's lumbar spine disability was granted a 40 percent rating, and her radiculopathy of the right and left lower extremities were rated as 10 percent disabling since February 23, 2015. The painful abdominal scar received a compensable rating.