Radiculopathy & sciatica decisions — 2018

The Board has decided to remand the case due to incomplete records and a need for an addendum opinion regarding whether the Veteran's hypertension is aggravated by her service-connected PTSD.

The Board has granted service connection for cervical spine degenerative disc disease, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity as secondary to the Veteran's service-connected intervertebral lumbar spine disc disease.

The Board has determined that the Veteran's lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity require additional examinations to determine their current severity.

The Board denied service connection for a bilateral big toe disability, finding no current diagnosis separate from already service-connected conditions. The right shoulder radiculopathy claim was granted as secondary to the Veteran's service-connected neck disability.,For the left shoulder disability, an initial 10% rating is granted effective prior to January 6, 2014, and a higher rating is denied throughout the appeal period.

The Veteran's appeal for a rating in excess of 10 percent for left cervicalgia with radiculopathy, left upper extremity was dismissed.,New and material evidence has been received to reopen the Veteran’s claims for service connection for urinary tract infections, upper respiratory infections, undiagnosed respiratory disorder, and chronic fatigue syndrome.

The Veteran's service-connected disabilities rendered her unable to secure or follow a substantially gainful occupation since at least August 8, 2012.

The Veteran's service connection claims for PTSD, bilateral hearing loss, sinus disorder, sleep apnea, right lower extremity radiculopathy and left lower extremity radiculopathy are all granted. The rating for lumbar strain remains at 20%.

The Veteran's petition to reopen his claim of service connection for degenerative arthritis of the spine was granted. Service connection for this condition is denied, as there is no evidence linking it to active service or a chronic disability within one year of separation. The Veteran's erectile dysfunction and cervical radiculopathy are also not service connected.

The Board has granted service connection for right lower extremity sciatica but denied service connection for a right hip condition manifested by pain.

The Veteran's right lower extremity radiculopathy, femoral nerve and left lower extremity radiculopathy, sciatic nerve have been granted service connection with effective dates of May 23, 2018, and January 2, 2018 respectively. The Veteran's lumbar spine disability has not met the criteria for a higher rating.,The Veteran's right lower extremity radiculopathy, femoral nerve was granted an initial 20% rating effective May 23, 2018 and his left lower extremity radiculopathy, sciatic nerve was granted an initial 20% rating effective January 2, 2018. The Veteran's lumbar spine disability has not met the criteria for a higher rating.

The Veteran's combined disability rating is 80 percent, with two disabilities rated at least 40 percent. His service-connected disabilities prevent him from following or maintaining a substantially gainful occupation.

The Veteran's low back disability, including arthritis and spondylolisthesis, is granted as service connected due to continuity of symptoms since service. The Board found a nexus between the current condition and his in-service spinal anesthesia.

The Veteran's claims for increased PTSD evaluation, bilateral hearing loss service connection, and upper/lower extremity radiculopathy service connection are being remanded due to the need for additional development including obtaining VA treatment records and Social Security Administration (SSA) records.

The Veteran's appeal for an increased rating in excess of 40 percent for lumbar disability is dismissed. The Board also granted a TDIU on a schedular basis as of April 21, 2016, and remanded the issue of extraschedular TDIU prior to that date.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for degenerative disc disease, low back and a compensable rating prior to April 26, 2017 for left lower extremity radiculopathy. The Veteran is required to provide updated medical records and undergo VA examination.

An effective date of February 16, 2010 is granted for the grant of TDIU.,An effective date of February 16, 2010 is granted for the grant of DEA benefits.,A disability rating in excess of 20 percent for chronic lumbosacral strain is denied.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions. The issues include hypertension, sleep apnea, left leg sciatica, and a right leg disability.

The Board denied service connection for degenerative disc disease and radiculopathy of the right lower extremity, finding that there is no evidence linking these conditions to service or any in-service injury. The Veteran's current diagnoses are not related to his active duty.

The Board has decided to remand the Veteran's claims for lumbar spine disorder and associated neurological disabilities due to incomplete medical opinions and potential incurrent causes from post-military motor vehicle accidents.

The Veteran's appeal for a higher rating for his lumbar spine condition has been dismissed as he withdrew the appeal in September 2018.