Radiculopathy & sciatica decisions — 2018

The Board has remanded several issues related to the Veteran's service-connected conditions and new evidence. The claims for fractures, hypertension, wrist sprain, carpal tunnel syndrome, renal dysfunction, depression, gastroenteritis, and liver failure are being reviewed due to additional evidence.

The Board has determined that the Veteran's current back disabilities, including IVDS, mechanical back pain syndrome, lumbosacral sprain/strain and radiculopathy, are related to her military service. The claim is therefore granted.

The Veteran's claim for service connection for left lower extremity radiculopathy has been denied as he does not have a current diagnosis of this condition.

The Veteran's peripheral neuropathy with radiculopathy of the bilateral lower extremities is rated at 40 percent from January 16, 2015.

The reduction in ratings for lower extremity radiculopathies from 40% to 10% was improper. The Veteran's entitlement to higher evaluations for his service-connected conditions is remanded.

Service connection is granted for a lumbar spine disability and bilateral radiculopathy of the lower extremities. A 100% rating is granted for PTSD.,The Veteran's gastrointestinal disorder (claimed as diverticulitis with colostomy) remains in dispute, and further evidence is needed.

The Board has restored the ratings for the Veteran's service-connected lumbar spine disability and bilateral upper and lower extremity radiculopathy to their prior levels, effective June 1, 2013. However, due to procedural errors in reducing these ratings, they are now void ab initio.

The Board has granted service connection for radiculopathy of the left lower extremity, left shoulder rotator cuff syndrome, and asthma. The effective dates are set to April 26, 2013, which is the day following the Veteran's separation from active military service.

The Board denied the Veteran's claims for service connection for a low back disorder and right leg sciatica, both secondary to his service-connected inguinal hernia. The left inguinal hernia was also denied as it did not require a compensable rating.

The Veteran's back brace is granted a clothing allowance for calendar year 2015. The lidocaine and Retin-A cream are denied as they were not prescribed or used for skin conditions due to service-connected disabilities.

The Veteran's service-connected conditions, including posttraumatic stress disorder and lumbar strain with sciatica, have prevented him from securing and maintaining gainful employment since April 12, 2011. The Board has granted a total disability rating based on individual unemployability effective as of that date.

The reduction in disability rating for the Veteran's lumbar spine disability from 40 percent to 10 percent was not proper, and the 40 percent rating is restored. The claim of entitlement to an earlier effective date for service connection of left lower extremity radiculopathy associated with the service-connected lumbar spine disability remains pending.

The Board denied service connection for lower back injury and sciatic left leg pain, finding that the evidence did not support a link to service.

The Veteran's service-connected disabilities, including depressive disorder, lumbar spine disability, and hearing loss, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has dismissed the appeal for a rating in excess of 30 percent for left foot disability. The remaining issues have been remanded due to lack of medical evidence and need for further examination.

The Board has remanded both issues for further development and clarification. The Veteran's DDD of the lumbar spine is presumed to have existed prior to service, but it must be determined if this condition was aggravated by service or not. Additionally, the issue of secondary service connection for right leg shooting pain (lumbar radiculopathy) will also be remanded.

The Veteran's appeal for increased ratings for radiculopathy of the left lower extremity has been dismissed as he withdrew his appeal prior to a decision being made.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, effective October 8, 2013. The claim for a higher rating is denied.

The Board has remanded the Veteran's claims for an initial increased rating and earlier effective dates due to the inextricability of these issues with his claim for a lumbar spine disability.

The Veteran's lumbar spine disability, peripheral neuropathy and radiculopathy of the right lower extremity, and peripheral neuropathy and radiculopathy of the left lower extremity are all being remanded for further review due to recent developments in his case.