Radiculopathy & sciatica decisions — 2017

The Veteran's appeal for a higher disability rating for radiculopathy, right upper extremity was denied in the September 2015 rating decision. The effective date remains April 13, 2015.

The Board granted an increased rating of 20 percent for the Veteran's cervical spine degenerative disc disease, effective March 25, 2011. The claim was remanded due to a need for additional examination and is now back before the Board.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, render him unable to obtain or maintain substantially gainful employment. The Board finds that he is entitled to a TDIU.

The Board has determined that a separate rating of 20 percent for radiculopathy of the right lower extremity is warranted as of June 8, 2007.

The Veteran's claim for increased ratings and TDIU was granted. For the period on appeal, he is rated at 40 percent for his lumbar spine degenerative disc disease with history of low back strain, and 10 percent each for his left and right lower extremity radiculopathy associated with this condition.

The Veteran's surgeries were performed with informed consent, and there is no evidence of negligence or substandard care. The additional disability was not caused by the VA treatment.

The Board denied the Veteran's claims for increased ratings for PUD, tinnitus, and left ear hearing loss. The evidence did not show a disability picture more nearly approximating moderate or higher for these conditions.

The Veteran's claim for increased ratings for her low back disability is being remanded due to the need for additional medical examination and opinion.

The Veteran's service-connected disabilities (lumbar spine disability and associated radiculopathy of the lower bilateral extremities) preclude her from securing or following a substantially gainful occupation, meeting the minimum schedular requirements for TDIU benefits.

The Board has determined that the Veteran's radiculopathy of the left and right lower extremities does not meet the criteria for a rating in excess of 10 percent prior to January 1, 2017, or any compensable rating thereafter. The evidence shows mild symptoms consistent with the assigned ratings.

The Veteran's claims for increased ratings were denied. The lumbar spine disability is currently rated at 40 percent, effective May 25, 1999.

The Veteran's right leg radicular symptoms are secondary to his service-connected lumbar spine disability. The Board has granted service connection for this condition.

The Veteran's left C6 radiculopathy is currently rated at 20 percent, effective December 1, 2010. The Board finds that the current rating adequately reflects his symptoms of numbness and mild incomplete paralysis.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment.

The Veteran has withdrawn his appeals regarding the ratings for atherosclerotic heart disease, diabetes mellitus, type II, peripheral neuropathy of the upper and lower extremities, bilateral diabetic retinopathy and left macular edema, and hypertension.

The Board has determined that the Veteran's thoracolumbar spine disability and right leg radiculopathy are not related to his military service, and thus denied both claims.

The Board has determined that the Veteran does not have a current bilateral hip disability and therefore, service connection for this condition cannot be granted.

The Board has granted service connection for right leg sciatica, but denied service connection for hearing loss and tinnitus. The claims of service connection for hypertension, stroke (residuals), and heart disorder are being remanded for additional development.

The Veteran's claims of entitlement to service connection for various conditions, including degenerative disc disease of the lumbar and cervical spines, arthralgia of the right knee, peripheral artery disease, and hypertension have all been denied. The Board found that there is no evidence linking these conditions to his military service.

The Board denied the Veteran's claims for service connection for unspecified immunological disability, peripheral neuropathy, thyroid disorder, sciatica, and residuals of cold weather exposure. The evidence did not establish a direct link between these conditions and active service.