Radiculopathy & sciatica decisions — 2018

The Board denied the Veteran's claims for service connection for a cervical spine disorder to include degenerative joint disease and cervical radiculopathy, as well as residuals of a traumatic brain injury. The Board found that there was no evidence linking these conditions to service.

The Veteran's claims for increased evaluations for carpal tunnel syndrome, right hand and left hand, degenerative joint disease of the right ankle, mild arthritis of the left ankle, and bilateral pes planus are remanded due to insufficient evidence in his file. A new VA examination is required.

The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated at 10 percent, and the Veteran has a separate evaluation of 10 percent for right knee instability. The Veteran’s tinnitus is currently evaluated as 10 percent disabling.,For his cervical spine conditions, the Veteran has been granted evaluations in excess of 20 percent from February 5, 2015. His lumbar spine condition remains at a 20 percent evaluation prior to February 5, 2015 and is rated as 40 percent disabling after that date.,The Veteran's progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine has been remanded for further review. His sleep apnea remains at a 50 percent evaluation, and his radiculopathy conditions have also been remanded.

The Veteran's claim for service connection for tinnitus is granted. The initial rating of 20 percent for lumbosacral strain prior to May 23, 2017 is granted. A separate rating of 10 percent for associated LLE radiculopathy prior to June 13, 2013 and a higher rating of 20 percent from June 13, 2013 to May 23, 2017 is denied. The Veteran's claim for PTSD is granted with a rating of 50 percent effective before May 23, 2017. The Veteran's claim for TDIU prior to June 13, 2014 is granted.

The Veteran's lumbar spine disability, rated at 10 percent, is not found to be more severe than what is currently reflected by the rating.

The Board has remanded two issues: service connection for a right shoulder disability and service connection for radiculopathy of the right upper extremity. The Veteran's left shoulder bursitis is found to not have caused or aggravated these disabilities, but further examination is needed to determine if they are related to his active service.

The Veteran's radiculopathy in both left and right lower extremities is rated at 10 percent, the lowest possible rating under VA regulations. The Board found no evidence of moderate or more severe incomplete paralysis.

The Board has remanded the Veteran's claims due to insufficient opinions regarding service connection for major depression and headaches, as well as inadequate evaluations of her radiculopathy and DDD.

The Veteran's radiculopathy of the right lower extremity is rated at 20 percent since June 19, 2018. The Board found that her back disability warrants a remand for further examination.

The Veteran's right lower extremity radiculopathy is rated at 40 percent, and his left lower extremity radiculopathy is rated at 20 percent. The lumbar spine disability remains at a 10 percent rating.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further evaluation of his conditions, particularly regarding his TBI and radiculopathy.

The Veteran's radiculopathy of the right lower extremity and bilateral hip conditions are not entitled to increased disability ratings. The effective date for Dependents’ Educational Assistance (DEA) is granted but with a later effective date than initially requested.,The Veteran is not entitled to an earlier effective date for DEA, as it was assigned based on his service discharge date.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and urinary incontinence, have rendered him unable to secure or follow any substantially gainful employment. The Board finds that his conditions preclude him from engaging in such employment.

The Veteran's claims of service connection for posttraumatic stress disorder, sciatica of the bilateral lower extremities, and a bilateral knee disability are denied. A 20% rating is granted for lumbosacral spine disability effective September 14, 2017.

The appeal seeking nonservice-connected pension is dismissed. The appeals for increased ratings of the lumbar spine and left knee injuries are denied, but a separate 10 percent rating is granted for right lower extremity radiculopathy.

The rating reduction from 30 percent to 20 percent for cervical spine disability was improper, and the 30 percent rating is restored. The Veteran's claim for service connection for a thoracolumbar spine disability and left leg radiculopathy were denied.

The Veteran's claim for a higher rating for left lower extremity radiculopathy was granted, with the effective date being December 21, 2012. The disability is rated at 20 percent disabling.

The Veteran's low back disability is granted as service connected due to an in-service strain and significant weight gain related to military sexual trauma. The initial rating for PTSD remains remanded.

The Board has granted service connection for bilateral lower extremity radiculopathy and a TDIU rating, but has remanded the evaluation of the Veteran's lumbar sacral strain.

The Board has remanded the claims for an evaluation in excess of 20 percent for a low back disability and service connection for radiculopathy of the left lower extremity, right upper extremity, and left upper extremity. The Veteran's VA treatment records since December 2016 must be obtained and associated with the claims file. A VA examination is needed to assess the current severity of his low back disability.