Radiculopathy & sciatica decisions — 2018

The Veteran's claims for service connection for right and left lower extremity radiculopathy, a lumbar spine disability with lower extremity radiculopathy, and an acquired psychiatric disorder (PTSD) have been granted. The Veteran does not meet the criteria for service connection for a right ear hearing loss disability or a left ear hearing loss disability.

The Veteran's claim for TDIU is granted effective May 26, 2010. The Veteran's claim for service connection for shortness of breath is dismissed. The Veteran's claim for service connection for migraine headaches, including as secondary to his service-connected chronic lumbosacral strain, is remanded.

The Veteran withdrew his appeals on all three issues before the Board could make a decision.

The Board has granted the appellant's requests to reopen his claims for service connection for cervical spine, lumbar spine, upper extremity neuropathy, and lower extremity radiculopathy. The appeals are now remanded for further development.

The Veteran's initial rating for lumbar spondylosis is denied, but he receives a separate 10 percent rating for left lower extremity radiculopathy.

The Board has granted service connection for PTSD. The remaining issues have been remanded due to the Veteran's failure to appear at a scheduled DRO hearing.

The Board has remanded the claims for service connection for a low back condition, sciatica (secondary to low back condition), and sleep apnea. The claim for service connection for keloids of the left shoulder is also remanded.

The Board has granted service connection for right and left lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative spondylosis and discogenic disease of the lumbar spine.

The Veteran's lumbosacral dual level discogenic disease and right lower extremity radiculopathy are granted as service connected.

The Board has granted service connection for degenerative disc disease with spondylosis of the lumbar spine and right lumbosacral radiculopathy, finding that these conditions are etiologically related to the Veteran's military service.

The Board denied service connection for various conditions, including bilateral hearing loss, head injury, cervical spine disability, left upper extremity radiculopathy, lumbar and thoracic spine disabilities, gastrointestinal problems (gastritis and GERD), bronchitis, essential benign tremor, and bladder dysfunction. The decision found that the Veteran did not meet the criteria for service connection due to lack of evidence of a current disability or a link between his in-service exposure and any diagnosed conditions.

The Veteran's low back disability is currently rated at 20 percent prior to June 22, 2015 and 40 percent thereafter. The Veteran was granted a 50 percent rating for migraine headaches effective July 9, 2015. His radiculopathy of the right lower extremity remains at 10 percent. A 20 percent rating is granted for his radiculopathy of the left lower extremity with reasonable doubt resolved in favor of the Veteran. The Veteran's PTSD is rated at 70 percent, but no higher.

The Veteran's claim for increased ratings and service connection has been granted. The decision also includes a finding of TDIU.

The Board denied the Veteran's claims for service connection for left lower extremity radiculopathy and right lower extremity radiculopathy, as well as his request for an effective date prior to December 23, 2009, for service-connected left hallux rigidus. The issues are being remanded due to the need for additional medical opinions.

The Board has remanded the Veteran's claims for an initial rating greater than 10 percent for radiculopathy of the left and right lower extremities, as well as his claim for service connection for radiculopathy of the femoral nerves. The VA is required to obtain treatment records, provide a new examination, and readjudicate the claims.

The Board has granted service connection for cervical spine disability and right shoulder/arm pain, but denied both on a compensation basis due to dishonorable service during the period of ACDUTRA. The claims are reopened.

The Veteran's GERD, right shoulder disability, and bilateral lower extremity radiculopathy are all granted as service-connected. The rating for the GERD is set at 10 percent.

The Board denied service connection for low back disorder and sciatica of the left and right legs, finding that there was no evidence linking these conditions to service or service-connected disabilities.

Service connection is denied for recurring myositis of the abdominus rectus muscles, right lower extremity radiculopathy, and left lower extremity radiculopathy.,Ratings in excess of 20 percent are denied for left shoulder impingement and supraspinatus myotendinopathy, a rating in excess of 10 percent is denied for right knee tibial plateau contusion, and a rating in excess of 10 percent is denied for degenerative disc disease of the back.

The September 5, 1991 rating decision was revised to grant service connection for the back disorder of lumbar spondylolisthesis effective May 21, 1991 due to clear and unmistakable error (CUE). The claim was originally denied based on a presumption of soundness, but the evidence showed that the condition likely worsened during service.