Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a higher than 20 percent rating for his lumbosacral strain with minimal degenerative changes, L4-5, or for a higher than 10 percent rating for his chronic left L5-S1 radiculopathy.

The Board denied the Veteran's claims for higher initial ratings and earlier effective dates, finding no evidence of a claim prior to March 20, 2013 for tinnitus service connection. The radiculopathy of the left lower extremity was granted based on continuity of symptomatology since service.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to service, as well as his bilateral lower extremity radiculopathy which is secondary to his lumbar spine disability. Service connection for these conditions is granted.

The Veteran's appeals for an increased rating for his right knee condition and service connection for sciatic nerve pain and a lumbar spine disability have been dismissed as the Veteran withdrew these issues in his March 2017 Board testimony. The claim of service connection for a lumbar spine disability was denied due to lack of evidence showing it is related to active duty.

The Board has reopened the Veteran's claim for service connection for a bilateral leg disability, but denied the claim as there is no competent evidence relating her current condition to her in-service condition.

The Veteran's appeals for increased ratings and separate disability ratings were dismissed as he withdrew them during his October 2016 Board hearing. The Board granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's service-connected disabilities, including his cardiovascular and cervical spine conditions, render him unable to secure and follow substantially gainful employment. The Board finds that the evidence supports a finding of unemployability due to these disabilities.

The Board has granted service connection for residuals of fractures of the fourth and fifth toes of the left foot, bilateral leg disability (lumbar radiculopathy), neck disability, and left hand disability. Service connection for an acquired psychiatric disorder (PTSD and depressive disorder) is also granted.

The Veteran's left lower extremity sciatic radiculopathy is service-connected as secondary to his service-connected lumbar spine disability. The effective date for this service connection is set at February 5, 2010.,For the period prior to August 25, 2015, the Veteran's residuals of stab wound, left hand, loss of sensation radial and median nerves, are rated as 20 percent disabling. From August 25, 2015, they are rated as 30 percent disabling.

The Board has decided to remand the case for additional development due to the need to obtain Social Security Administration records and other relevant medical evidence.

The Veteran's lumbar disc herniation and cervical strain have been rated based on their underlying conditions, not separately for radiculopathy.,Radiculopathy associated with the Veteran's service-connected lumbar and cervical spine disabilities has resulted in separate ratings.

The Board has determined that the Veteran's stroke residuals are not proximately due to or aggravated by his service-connected lumbar spine and right leg radiculopathy conditions.

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected low back disability. Service connection for left lower extremity radiculopathy is denied.

The Board has reopened the claim for service connection for a back disability and granted it. The Veteran's other claims, including those for increased ratings, are remanded for further development.

The Veteran's cervical spine disability and associated upper extremity radiculopathies are now rated at 20 percent, 30 percent, and 20 percent respectively, effective March 1, 2013.,A temporary total rating for convalescence following the November 26, 2012, neck surgery was granted from November 26, 2012 to March 1, 2013. The Veteran's recovery required continued use of a cervical collar until August 2013.,The effective date for these ratings is set at March 1, 2013.

The Board has determined that the Veteran's lumbar spine DDD, right leg sciatica, right hip degenerative arthritis, and major depressive disorder are all service-connected.

The Veteran's arthritis and narrowing of L5-S1 are rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent.

The Board has remanded the case for additional development, including a VA medical opinion regarding the Veteran's service-connected disabilities and their permanence.

The Veteran's claims for increased ratings for bilateral hearing loss and right lower extremity radiculopathy have been denied. The Veteran is not entitled to a compensable rating prior to November 10, 2011, or a rating in excess of 30 percent from that date.

The Veteran's claims for increased ratings for right and left lower extremity radiculopathy have been denied. The Board found that the evidence did not support a higher rating for either condition.