Radiculopathy & sciatica decisions — 2018

The Board has remanded the claims for service connection due to insufficient evidence regarding the relationship between the Veteran's current spine disabilities and his military service.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, and the Board finds it does not warrant a higher rating. The left hip tendonitis with calcinosis claim is remanded for further evaluation.

The Veteran's spine disability, which includes degenerative disc disease and multiple surgical procedures, is rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine. The combined rating for orthopedic and neurological manifestations does not exceed 60 percent.,A 20 percent rating has been granted for the Veteran's right ankle fracture.

Service connection for obstructive sleep apnea (OSA) is granted. The reduction of rating for left L4 5 microdiscectomy scar residuals from 10 percent to noncompensable, effective May 5, 2016, was improper and the 10 percent rating is restored.

The Board has granted an earlier effective date of September 9, 1978 for the grant of service connection for thoracolumbar spine disability. The Veteran's original claim was received in January 1979 within one year of his separation from active duty. For radiculopathy of the left lower extremity involving the sciatic nerve and right lower extremity, the Board has denied an effective date prior to April 30, 2013 as there is no evidence of a service connection claim before that date.

The Veteran's lumbago, sciatic nerve pain, and chronic right ankle pain were not related to her service.,Service connection was denied for all three conditions.

The Veteran's claim for an effective date prior to August 2, 2005 for the award of service connection for radiculopathy of the right upper extremity is denied.,The Veteran's claim for an effective date prior to July 11, 2005 for the award of a 70 percent disability rating for PTSD is denied.

The Veteran's TDIU claim is remanded due to incomplete records and the need for further examination of her service-connected disabilities.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need to obtain additional VA treatment records.,The Veteran is seeking an earlier effective date for service connection of degenerative disc disease of the cervical spine and radiculopathy of the right upper extremity.

The Veteran's TDIU claim is granted as he meets the schedular rating requirements for assignment of a TDIU due to his service-connected disabilities. The Board also found that the Veteran is unemployable due to his service-connected disabilities, including PTSD and low back disability.

The Veteran's hypertension is granted as secondary to service-connected diabetes mellitus. The initial rating for right lower extremity radiculopathy remains at 10 percent, but the Veteran is entitled to a higher rating due to his lumbar spondylosis and degenerative osteoarthritis.

The Veteran's claims for increased ratings and TDIU were granted effective March 17, 2014. The Board found that there was no evidence of an increase in disability prior to the date of the claim.

The Board has granted service connection for lumbosacral strain, degenerative arthritis of the spine and intervertebral disc syndrome with right lower extremity radiculopathy. The other claims were denied.

The Board has determined that the Veteran's lumbar spine disability with radiculopathy is related to his active duty service and grants service connection for this condition.

The Board has determined that further development is needed to address whether a higher alternate rating is warranted for the service connected lumbar spine based upon the Formula for Rating IVDS Based on Incapacitating Episodes from November 14, 2007 to March 5, 2008. The remaining issues are also remanded.

The Veteran's housebound status is being remanded for further examination to determine if his service-connected disabilities, particularly headaches, are the primary cause of his inability to leave his home.

The Veteran's initial claim for service connection for a back disability was denied in September 1971, and the decision is final. The Veteran filed another claim on May 1, 2007, which led to an effective date of May 1, 2007.,The Veteran's spondylolysis of the lumbar spine disability has been rated at 40 percent since May 1, 2007. The appeal is denied as there is no indication that the condition warrants a higher rating.

The Board has granted initial ratings of 10 percent, 30 percent, and 40 percent for the Veteran's external cutaneous nerve radiculopathy of the right lower extremity, femoral nerve radiculopathy of both his left and right lower extremities, and nerve dysfunction radiculopathy of the left and right lower extremities, respectively. The effective dates are July 21, 2014 for the external cutaneous nerve radiculopathy of the right lower extremity, May 12, 2016 for the femoral nerve radiculopathy of both his left and right lower extremities, and May 12, 2016 for the nerve dysfunction radiculopathy of the left and right lower extremities.

The claims are being remanded due to the submission of new evidence and a request for reconsideration of effective dates.

The Veteran's major depressive disorder is rated at 50 percent, but does not meet the criteria for a higher rating due to occupational and social impairment with reduced reliability and productivity. The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.