Radiculopathy & sciatica decisions — 2017

The Board has remanded the case for further development, including scheduling a videoconference hearing for issues of service connection for bilateral knee conditions and a lumbar spine condition. The issue of service connection for sciatica remains inextricably intertwined with the pending claim.

The Board denied an initial rating in excess of 20 percent for radiculopathy of the right lower extremity and denied an initial rating in excess of 10 percent for radiculopathy of the left lower extremity, as both conditions are currently rated at 20 percent.

The VA determined that the Veteran does not have a current jaw disorder, right rib cage disorder, right second toe disorder, or right lower extremity disorder (specifically sciatica) as claimed.,VA found no evidence of chronic conditions for these disorders and concluded they were resolved during service.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is currently assigned a 10 percent rating for sinusitis, but not higher, due to the presence of three or more incapacitating episodes per year requiring prolonged antibiotic treatment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a VA examination. Effective dates for service connection are also being remanded.

The Board has determined that the Veteran does not have a current disability related to his low back strain/pain, sciatic pain to both feet, or bilateral eye condition. The evidence does not support service connection for any of these conditions.

The Veteran's lumbosacral strain and radiculopathy of the lower extremities were rated, with a 40 percent rating for lumbosacral strain effective July 16, 2014.

The Veteran's service-connected lumbosacral strain and right lower extremity radiculopathy have been rated at the highest available rating of 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes.

The Veteran's cervical spine disability is rated at 20 percent for the period from November 16, 2005. The rating is based on forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Board found no current diagnosis of bilateral radial sensory neuropathy and/or carpal tunnel syndrome, and denied the Veteran's claims for service connection.

The Board has determined that the Veteran's service-connected disabilities make it impossible for him to secure and maintain substantially gainful employment, thus granting a TDIU.

The Veteran's radiculopathies of the upper extremities have been evaluated as 10 percent disabling, and there is no evidence to support a higher rating based on current symptomatology.

The Veteran's left knee arthritis is found to be caused by his service-connected right knee condition.,The Veteran withdrew his claim for lumbar disc disease with radiculopathy as secondary to the service connected right knee arthritis status post-meniscectomy.,Service connection for a respiratory condition due to exposure to asbestos and carbon toxins during service is granted.

The Veteran's claims for service connection were denied as the conditions did not have onset in active service or are otherwise unrelated to service.

The Veteran's right eye disability is service-connected and he has been granted a TDIU. His lumbar spine disability, associated with radiculopathy of the lower extremities, remains at a 40% rating.

The Veteran's lower back disability has been rated as 20 percent disabling since February 25, 2009. The VA examiner found that the disorder may have been mildly disabling at the time of the examination in April 2008.

The Veteran's service-connected conditions, including his cervical spine and headaches, have rendered him unable to secure or follow a substantially gainful occupation since January 1, 2010. The Board has determined that the evidence is at least evenly balanced as to whether these disabilities preclude employment, thus granting TDIU.

The Veteran's claims for service connection for residuals of a traumatic brain injury, radiculopathy of the right lower extremity, skin disorder, and scar above the right eye were denied. The Board found that there was no objective evidence of right lower extremity radiculopathy or left lower extremity radiculopathy in the Veteran's records.

The Board has reopened the Veteran's claim for service connection for a left hip disability related to an in-service hematoma and has granted service connection based on secondary service connection.

The Veteran's service-connected thoracolumbar degenerative disc disease and right lower extremity radiculopathy are being remanded for a more contemporaneous examination to determine the current severity of his conditions.