Radiculopathy & sciatica decisions — 2018

The Veteran's left ankle disability is considered a subsequent manifestation of his already service-connected lumbar spine degenerative disc disease with osteoarthritis.

The Veteran's sinusitis is found to be related to her active service.,Her right hip strain and degenerative joint disease with sciatic nerve involvement are found to be secondary to her service-connected degenerative disc disease of the thoracolumbar spine.,Her left ankle strain, osteoarthritis, and osteopenia are found to be secondary to her service-connected bilateral pes planus.,Her left shoulder strain and osteoarthrosis are found to be secondary to her service-connected cervical spine stenosis with degenerative disc disease.

The Board has granted service connection for cervical disc disease, lumbar disc disease, and radiculopathy secondary to a cervical spine disorder. The Veteran's current disabilities are found to be related to his in-service injury during basic training.

The Veteran's appeal for the reduction of his GERD evaluation from 30 percent to 10 percent is granted, and he is entitled to a restoration of the 30 percent rating. The issue of the appropriate effective date for this reduction is dismissed as moot due to the grant of the reduction. The Veteran is also granted entitlement to TDIU.

The Veteran's low back disability is rated at 40 percent, effective July 29, 1998. The radiculopathy of the left and right lower extremities are each rated at 10 percent, with no higher ratings granted.

The Veteran's service-connected herniated nucleus pulposus with sciatica is granted a 60 percent disability rating effective March 6, 1985 and a TDIU award is also granted effective that date.

The Veteran's service-connected conditions do not meet the criteria for automobile and adaptive equipment or for adaptive equipment only, as she does not have ankylosis of one or both knees or hips, nor does she have actual remaining function in her left foot that could be accomplished equally well by an amputation stump with prosthesis.

The Veteran's service-connected bilateral lower extremity nerve disorders have not met the criteria for a rating in excess of 10 percent prior to December 14, 2014 or since that date. The VA examinations conducted found mild to moderate symptoms consistent with the current level of disability.

The Veteran is precluded from securing and following substantially gainful employment as a result of his service-connected disabilities, which include right AC joint separation, cervical spine degenerative disease, left upper extremity radiculopathy associated with cervical spine degenerative disease, and right upper extremity radiculopathy associated with cervical spine degenerative disease. The Board has granted the TDIU based on these conditions.

The Veteran's low back and radiculopathy disabilities have worsened since his last VA examination in February 2011. The Board has ordered additional development to determine the current severity of these conditions.

The Board has determined that the Veteran's cervical spine disability, headaches, right and left upper extremity radiculopathy are all service connected. The evidence is at least in equipoise as to whether these conditions are related to his military service.

The Board has remanded two issues: entitlement to an initial rating in excess of 10 percent for chronic low back strain with degenerative arthritis and entitlement to an initial rating in excess of 10 percent for right lower extremity radiculopathy. The Veteran needs to provide VA treatment records from the period November 2009 to present, complete a VA Form 21-4142 for all medical facilities he has been seen at during the appeal, and undergo an examination for his low back and right lower extremity radiculopathy.

The Veteran's claims for increased ratings for urinary incontinence and left lower extremity radiculopathy were denied as their symptoms did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for examinations to assess the severity of his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for VA examinations to assess his service-connected back disability.

The Veteran withdrew his appeals regarding the issues of entitlement to a rating in excess of 30 percent for cervical radiculopathy of the left upper extremity, claimed as nerve damage; entitlement to a rating in excess of 20 percent for cervical radiculopathy of the right upper extremity, claimed as nerve damage, and entitlement to a rating in excess of 20 percent for cervical discectomy.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the impact of her service-connected disabilities on her ability to work.

The Veteran's claims for earlier effective dates for the awards of service connection for various conditions have been denied as there is no evidence of any unadjudicated formal or informal claim prior to July 5, 2007.

The Board has denied the Veteran's claim for service connection for sleep apnea. The issues of an increased rating for lumbar strain and sciatic nerve radiculopathy, as well as TDIU, are pending.

The Veteran is entitled to an initial disability rating of 10 percent for radiculopathy of the bilateral lower extremities as of January 22, 2012, and prior to April 30, 2015.