Radiculopathy & sciatica decisions — 2018

The Veteran's initial claim for higher ratings for his lumbosacral strain with DDD and IVDS, as well as associated left and right lower extremity radiculopathies, was denied. The effective date of the increased rating for lumbosacral strain is November 3, 2016.,The Veteran's TDIU claim was also denied.

The Veteran's lumbar strain has been rated at 20 percent since November 24, 2009. The most recent VA examination found the Veteran's forward flexion to be limited to 55 degrees and extension to 15 degrees.

The Board denied the Veteran's claims for an extra-schedular rating for her cervical spine fusion and bilateral upper extremity radiculopathy from December 1, 2014 to February 6, 2015.

The Board has remanded the Veteran's claim for additional development, including obtaining VA treatment records and scheduling a VA examination. The appeal is currently pending further action.

The Board found that the Veteran's current low back disability did not manifest within one year of service separation and is less likely related to his military service, thus denying service connection.

The Veteran's lumbosacral degenerative disc disease is rated at 40 percent, and her radiculopathy of the left lower extremity is rated at 20 percent. The Board has granted a higher rating for the radiculopathy.

The Veteran's child, J.G.C., should have been added as a dependent earlier than June 18, 2010. The Board found that the place of birth information for J.G.C. was not provided within one year of notification of the May 2007 rating decision.

The Board denied service connection for radiculopathy of the right and left lower extremities, finding that there was no evidence of such conditions during or within one year after service.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his service-connected right and left knee disabilities, as well as any diagnosed sensory neuropathy affecting the lower extremities. The case will be returned to the Board for further action.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's appeal has been withdrawn, and the claims have been dismissed due to the Veteran's request for withdrawal.

The Veteran is not entitled to a disability rating in excess of 30 percent for his radiculopathy of the left upper extremity or neck disability.,The Veteran's claim for an earlier effective date for the assignment of a disability rating of 30 percent has been denied.

The Veteran's lumbar spine condition is currently rated as 10 percent disabling, and her right and left foot disabilities are both rated as non-compensable. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Board has determined that the Veteran's current lumbar spine disability, including arthritis and radiculopathy, is related to his in-service injury and finds a continuity of symptoms since service. As such, the claim for service connection is granted.

The Veteran's low back strain and radiculopathies have been rated based on their service-connected status, with the most recent rating of 40% for his low back strain from December 19, 2016. The radiculopathies are currently rated at 10%. These ratings reflect the severity of the Veteran's conditions as determined by VA criteria.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for a right leg disability is rendered moot by the grant of service connection for the same condition.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, meeting the schedular criteria for TDIU since February 8, 2016. The Board has referred the case to the Under Secretary for Benefits or Director of Compensation and Pension Service for an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's service-connected disabilities have not resulted in any new diagnoses or conditions that would warrant increased ratings. The right and left wrist carpal tunnel syndromes are resolved, as is the lumbar spine disability. The cervical spine disability remains not service connected.,No current evidence of radiculopathy or hearing loss has been found.

The Veteran's radiculopathy of the right lower extremity is granted as secondary to his service-connected lumbosacral strain with DDD.

The Board has determined that the Veteran's claim for service connection for a back disorder is denied as there is no evidence to support a finding of in-service injury or disease, and the current condition is not related to his military service.