Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected disabilities precluded him from securing substantially gainful employment prior to December 17, 2014.

The Board denied service connection for lumbar spondylosis with sciatica and traumatic cataracts, finding that the evidence did not support a link to military service.

The Board denied the Veteran's claims of service connection for a lumbar spine disability and an initial compensable rating for bilateral hearing loss, finding that there was not sufficient evidence to establish a nexus between his in-service injury and his current disabilities.

The Veteran's peripheral neuropathy of the left and right lower extremities is rated at 20 percent effective February 12, 2012.

The Board has dismissed all the claims related to the Veteran's injuries and disabilities as they are no longer relevant due to his death.

The Veteran's back brace is judged to cause wear and tear on his clothing, which meets the criteria for a clothing allowance. The medication used for his shoulder condition does not qualify for an additional allowance.

The Board has granted service connection for radiculopathy of the left and right upper extremities, but has remanded issues regarding knee disabilities, shoulder disabilities, and an acquired psychiatric disability.

This decision reopens the Veteran's claims for service connection for a right leg condition, left elbow condition, and left knee condition. The claim for service connection for a back condition is remanded. The claim for service connection for lumbar radiculopathy of the lower extremities is also remanded. The claim for service connection for a right knee condition (previously claimed as a right leg condition) is denied. The claim for service connection for a left elbow condition is denied.,Service connection for a right elbow condition is not granted due to lack of current diagnosis and no evidence of functional limitation or identifiable condition.

The Board has remanded several issues related to the Veteran's service connection claims, including those for left knee disability, blindness in both eyes, psychiatric disabilities, decreased bone density, low back disability, and foot disability. The AOJ is instructed to obtain updated VA treatment records, Social Security Administration (SSA) decision and award letters, pay stubs from Puerto Rico Army National Guard service, verify the exact dates of each period of Active Duty for Training (ACDUTRA) and Inactive Duty Training (INACDUTRA), and schedule a VA examination to determine the nature, initial onset dates, etiologies, and relationships between the Veteran's disabilities and his military service.

The Veteran's sleep disorder is remanded for a VA examination to determine if it is related to his service-connected disabilities. The intervertebral disc syndrome and right hyperesthesia and radiculopathy are also remanded for examinations to assess their current severity.

The Veteran's lumbar spine disability and associated radiculopathies of the left and right lower extremities were denied, with ratings assigned for each condition based on their severity.

The Veteran's lumbar spine disability and associated radiculopathy of the lower extremities are granted with effective dates ranging from August 3, 1999 to January 2, 2012. Effective August 3, 1999, a rating of 60% for sciatic neuropathy is granted. Separate ratings of 20% each for radiculopathy of the left and right lower extremities are granted since January 2, 2012.

The Veteran's bilateral knee disabilities and thoracolumbar spine intervertebral disc syndrome with herniated disc prior to February 4, 2015 are denied. The Veteran's lumbar radiculopathy of the left lower extremity prior to February 4, 2015 is also denied.

The Veteran's LLE radiculopathy and PTSD have been granted effective as of May 24, 2012. Effective January 16, 2013, the Veteran has also received a TDIU and DEA benefits.

The Veteran's service-connected disabilities, including PTSD and cervical spine degenerative disc disease, rendered him unable to secure or maintain substantially gainful employment as of October 3, 2012. The Board granted a total disability rating based on individual unemployability (TDIU) from that date.

The Board has denied the Veteran's claims for earlier effective dates and service connection, as well as her requests for higher ratings. The case is remanded for further action on some of the issues.

The Board has determined that the Veteran's current diagnosis of bilateral diabetic peripheral neuropathy affecting the sciatic nerve is service-connected as a direct result of his pre-existing diabetes mellitus type II.

The Board has determined that the Veteran's diagnosed residuals of L1 compression fracture with radiculopathy is at least as likely as not incurred during his military service, and thus grants service connection for this condition.

The Veteran withdrew his appeals for increased evaluation of scoliosis and lumbar stenosis, as well as earlier effective date for service connection. The Board dismissed these issues due to the withdrawal.