Radiculopathy & sciatica decisions — 2018

The Veteran's lumbar spine intervertebral disc syndrome and associated right lower extremity sciatica have been granted initial ratings of 40 percent each, effective from February 20, 2017. The service connection for a right leg disability has been remanded.

The Board has denied service connection for bilateral varicose veins, vertigo, left and right elbow disabilities, and radiculopathy of the upper extremities as there is no evidence of these conditions during or within one year after active service. The Veteran's assertions are not supported by medical evidence.

The Veteran's lumbosacral strain is currently rated at 40 percent, but the Board finds no basis to grant a higher rating.,The Veteran's PTSD and other service-connected conditions combine to preclude him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for an effective date earlier than October 21, 2010 for the award of service connection for bilateral lower extremity radiculopathy as there was no legal basis to assign such a date.

The Veteran's claims of increased rating for his lumbar spine disability and earlier effective date for left sciatic nerve radiculopathy are being remanded due to the need for additional medical examinations and consideration.

The Board has decided to remand the claims for an acquired psychiatric disorder, vestibular/balance disorder (claimed as dizziness), left knee disorder, and bilateral lower extremity radiculopathy due to outstanding records and need for further examination.

The Veteran's claims for service connection for bilateral hearing loss, respiratory disorder to include COPD, asthma and pneumonia, thoracolumbar degenerative disc disease with intervertebral disc syndrome, and right lower extremity radiculopathy are denied. The case is remanded for further development.

The Veteran's radiculopathy in his right upper extremity is currently rated at 20 percent, and a remand is ordered to obtain VA treatment records and schedule the Veteran for a new VA examination to determine if a higher rating is warranted.

The Veteran's back disability was rated at 10 percent prior to May 5, 2018 and granted a 20 percent rating effective May 5, 2018.,A separate 10 percent rating for right lower extremity radiculopathy was granted effective April 23, 2017. The Veteran's left lower extremity radiculopathy received a 20 percent rating effective May 5, 2018.

The Board has found that the Veteran does not have a diagnosed left ear hearing loss or sciatic nerve disability for VA purposes, and therefore denied service connection for these conditions. The Board also found insufficient evidence to determine if the Veteran's bilateral leg and knee disabilities were aggravated by his time in service.

The Board has dismissed the appeals for earlier effective dates for right and left lower extremity radiculopathy. The remaining issues have been REMANDED for further development.

The Board has remanded the cases due to insufficient examination and missing VA treatment records. The Veteran's lower back disability and left lower extremity radiculopathy need further evaluation.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and the Board grants a total disability rating based on individual unemployability (TDIU).

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted.,Service connection for radiculopathy of bilateral upper extremities due to service-connected cervical spine disability is granted.

The Veteran's claims for increased ratings and reduction of the initial rating are being remanded due to need for new VA examinations.,The Veteran is seeking SMC based on loss of use of upper and lower extremities, which requires a new VA examination.

The Board has decided to remand the claims of service connection for low back disability, radiculopathy of the bilateral lower extremities, right hip disability, and left knee disability due to insufficient information regarding their onset in service or relation to service.

The Board has granted service connection for degenerative disc disease with foraminal narrowing of the cervical spine and associated left upper extremity radiculopathy, finding that these conditions are causally related to the Veteran's periods of active duty service.

The Veteran's claims for bilateral knee disorders, headache disorder, right ear hearing loss, degenerative arthritis of the lumbar spine with IVDS (rhegulopathy), left and right lower extremity radiculopathy, and left ear hearing loss have all been denied. The Board found no current disabilities related to these conditions.

The Board has granted secondary service connection for cervical radiculopathy of the left and right upper extremities, but denied it for a left and right shoulder disability (other than cervical radiculopathy).

The Veteran's TDIU claim is granted as his service-connected disabilities meet the schedular criteria for assignment of a TDIU.