Radiculopathy & sciatica decisions — 2018

The Veteran's lumbosacral strain with degenerative joint disease and associated incomplete paralysis of the sciatic nerve were granted an increased disability rating from 10% to 20%. The effective date is not specified.

The Veteran's service-connected disabilities, including arthralgia of the lumbosacral spine, depressive disorder, radiculopathy of the left and right lower extremity, and gastroesophageal reflux disease (GERD)/gastritis, combine to be 70 percent disabling. The Board finds that these conditions prevent the Veteran from securing and following a substantially gainful occupation.

The Board denied the Veteran's claims for increased evaluations for his service-connected degenerative disc disease and chronic left L5 radiculopathy.

The Board has granted the Veteran's claims for service connection for a neck disability, chronic fatigue, joint pain, and gastrointestinal symptoms. The Veteran is not shown to have or have had visceral leishmaniasis. Joint pain and chronic fatigue are considered as manifestations of his service-connected hepatitis C.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's claims for service connection are being remanded due to the need to obtain missing service treatment records and issue a Statement of the Case for depression and erectile dysfunction.

Effective September 9, 2010, the Veteran's radiculopathy of the bilateral lower extremities was granted service connection as secondary to his service-connected low back disability. The effective date is set at January 18, 2012.

The Veteran has withdrawn his appeal for all issues related to hypertension, circulatory problems of the lower extremities, and radiculopathy of the bilateral upper and lower extremities.

The Veteran's appeal is being remanded for a VA examination to assess the current severity of his service-connected lumbar spine disability and bilateral lower extremity radiculopathy, as well as for updated medical records.

The Board has determined that additional development is needed to determine if the Veteran's income exceeded the maximum annual pension rate and whether there are any new or material pieces of evidence for his service connection claims. The case will be returned to the RO for further action.

The Board denied the Veteran's claim for a separate compensable rating for bilateral upper extremity cervical radiculopathy, finding no current diagnosis of this condition and concluding that service connection was not warranted.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated as 20 percent disabling, which is the maximum schedular rating available under Diagnostic Code 5243.

The Veteran has withdrawn his appeals for the ratings of generalized anxiety disorder with obsessive compulsive disorder and lower back disc herniation with left lower extremity radiculopathy.

The Veteran's lumbar fibromyositis, external hemorrhoids, and chronic maxillary sinusitis have been rated appropriately. The issues of service connection for neuropathy of the bilateral upper extremities and for neuropathy and radiculopathy of the bilateral lower extremities remain unresolved.

The Board has denied the Veteran's claims for service connection for bilateral knee disabilities, left leg fracture residuals, and left lower extremity lumbar radiculopathy. The Veteran is also denied effective date claims related to GERD, PTSD with alcohol use disorder, and SMC at the housebound rate.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under VA rating criteria.

The Veteran's claims for increased ratings for his service-connected lumbar spine disorder and cervical spine disorder have been granted, with a rating of 20 percent assigned effective from April 30, 2014. The right hip and leg radiculopathy claim remains denied.

The Veteran's PTSD is rated at 70 percent, and he meets the criteria for a TDIU due to his service-connected disabilities. The Veteran's unemployability is based on his PTSD symptoms.

The Board has determined that the Veteran's ulnar neuropathy of the left elbow is attributable to his in-service left shoulder dislocation, and thus service connection for this condition is granted.

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