Radiculopathy & sciatica decisions — 2018

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining a VA examination to address the etiology of the Veteran's lumbar spine and bilateral leg radiculopathy.

The Veteran's lumbar spine disability, which is manifested by degenerative disc disease and right lower extremity sciatic nerve involvement, has been granted a 40 percent rating effective February 6, 2017. The current rating adequately reflects the severity of his service-connected condition.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's lumbar spine disability and associated radiculopathy have been rated at the maximum available benefit, with a 20 percent rating for each issue since June 29, 2017.

The Veteran's lumbar spine disability is currently evaluated at a 20 percent rating, and the Board finds that this rating is appropriate given the evidence of record.

The Board has granted service connection for bilateral radiculopathy, lumbar strain and cervical strain effective from August 29, 2008, resulting in the award of $83,922.46 in VA benefits. The attorney's fees were withheld at a rate of 20% based on these past-due benefits.

The Board has granted service connection for the left leg disability of radiculopathy of the left lower extremity, as secondary to the service-connected lumbar spine DJD. The issue of service connection for a cervical spine disability is remanded.

The Veteran's cervical spine degenerative disc disease was restored to a 20% rating from February 1, 2014 through April 13, 2015.,The Veteran's right upper extremity radiculopathy remains at a 0% rating.

The Veteran's appeal is denied as his claims for increased ratings and service connection are not supported by the evidence of record.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, warranting a TDIU.

The Board finds that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and thus denies his claim for a TDIU.

The Board has determined that the Veteran's back disability is related to his active service and granted service connection for this condition. The GERD issue remains pending as a new VA examination is required due to potential presumptive service connection under Gulf War criteria. The bilateral shoulder condition issue also requires further development, including a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, Social Security Administration records, and a supplemental VA examination to assess the current severity of his service-connected lumbar degenerative disc disease and right lower extremity radiculopathy.

The Board found that the Veteran's acquired psychiatric disorder, hypertension, cervical degenerative arthritis with spondylosis and right arm radiculopathy, and degenerative arthritis of the arms, wrists, and hands did not manifest during service or within one year after separation from service. The evidence also indicated that these conditions were not related to service. Therefore, the Veteran's claims for service connection were denied.

The Veteran's service-connected disabilities, including DDD of the lumbosacral spine and coronary artery disease, preclude him from obtaining or maintaining substantially gainful employment.

The Board has granted service connection for bladder dysfunction, radiculopathy of the right and left lower extremities, and a disability evaluation in excess of 20 percent for residuals of fracture of L-1 vertebra with mild degenerative changes to lumbosacral spine. The Veteran's TDIU claim is also granted.

The Veteran's claim for an effective date earlier than June 25, 2010 for the assignment of a 10 percent rating for service-connected external hemorrhoids is denied.,For hearing loss in the right ear prior to April 28, 2016 and a rating in excess of 70 percent for bilateral hearing loss thereafter, the Veteran's claim is denied. The Veteran did not meet the criteria for a compensable rating or a rating in excess of 70 percent during the appeal period.,For lumbar spine disability, the Veteran's claim is denied as his service-connected lumbar spine disability has not met the criteria for a rating in excess of 20 percent at any time during the appeal period. The Veteran did not meet the criteria for an increased rating due to IVDS with incapacitating episodes having a total duration of at least 4 weeks during the past 12 months, forward flexion of the lumbar spine limited to 30 degrees, ankylosis, or neurologic abnormalities (other than radiculopathy of the lower extremities).,For right leg sciatica and left leg radiculopathy, the Veteran's claim is denied as his service-connected disabilities have not met the criteria for a rating in excess of 20 percent at any time during the appeal period. The Veteran did not meet the criteria for an increased rating due to at least moderately severe incomplete paralysis.,The Veteran's claims for residuals of a stroke, right shoulder disorder, and prostate disorder are addressed separately.

The Veteran's low back disorder and sciatica are found to be related to service, while his right knee disorder is not. Service connection for the low back and sciatic nerve disorders is granted, but service connection for the right knee disorder is denied.

The Veteran's radiculopathy of both lower extremities is related to her service-connected DDD of the lumbar spine, and she is granted service connection for these conditions.

The Veteran's DJD of the lumbar spine is currently rated at 20 percent since June 29, 2011. The effective date for service connection of bilateral radiculopathy of the lower extremities has been set at May 8, 2014.,No increased rating is warranted prior to March 17, 2010 and from March 17, 2010 to June 29, 2011. The Veteran's radiculopathy of the lower extremities has been rated at 20 percent since May 8, 2014.