Radiculopathy & sciatica decisions — 2018

The Veteran's lumbar spine disability is rated at 40 percent, effective May 6, 2011. The rating for left lower extremity radiculopathy associated with the lumbar spine condition is granted at a 10 percent rating.

The Veteran's appeals for increased evaluations were dismissed. The Board also remanded several issues related to his service-connected disabilities.

The Board has granted service connection for peripheral neuropathy of the right lower extremity as a neurologic abnormality secondary to the Veteran's service-connected lumbar degenerative disc disease.

The Veteran is unable to obtain and maintain substantially gainful employment due to service-connected disabilities, which include degenerative arthritis with intervertebral disc syndrome, tinnitus, right hip disability, left hip disability, right knee disability, left ankle disability, right ankle disability, bilateral hearing loss, allergic rhinitis, left sciatic radiculopathy, reactive airway disease, a right knee baker's cyst, irritable bowel syndrome, hemorrhoids, left inguinal herniorrhaphy, and chronic maxillary sinusitis. The Veteran meets the schedular requirements for eligibility to individual unemployability.

The Board denied the Veteran's claims for service connection for left ear hearing loss and entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran was found not to have current left ear hearing loss for VA purposes, and his employment as a service technician was considered in determining that he could secure and follow substantially gainful employment.

The Veteran's claim for a higher rating for his cervical spine condition, right cubital tunnel syndrome and radiculopathy, and right lower extremity radiculopathy was denied. The Veteran is currently receiving a TDIU.

The Veteran's TDIU claim is denied as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's clothing was damaged by a brace he uses for his service-connected left knee disability. The Board has granted payment of a clothing allowance for the calendar year 2014.

The Board has remanded the issues of service connection for osteopenia, cervical spine disorder, hearing loss, tinnitus, hepatitis C, left upper extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, right upper extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, left lower extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability, and right lower extremity radiculopathy and peripheral neuropathy as secondary to lumbar spine disability. The Board also remanded the issue of a rating for service-connected lumbar contusion, myositis, and lumbar spondylosis in excess of 20 percent prior to May 17, 2012 and in excess of 40 percent from May 17, 2012.

The Board has denied the Veteran's claims of service connection for various disabilities, including back disability, right and left lower extremity conditions (including hamstring, sciatica, radiculopathy), left hip disability, right hip disability, and tumor condition. The preponderance of evidence is against a finding that these disabilities are related to military service or secondary to service-connected disabilities.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence to support a relationship between his current condition and his military service.

The Veteran's service-connected disabilities, including cervical spine condition, lumbosacral strain, cervical spondylosis with herniated discs, left arm radiculopathy, bursitis of the left knee, and headaches, prevented him from securing or following substantially gainful employment prior to May 30, 2006.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and his claim is denied.

The Veteran's claim for service connection for right lateral/medial epicondylitis and hyperlipidemia was denied. The Board found no current diagnosis of these conditions.,Service connection for PTSD, thoracolumbar spine IVDS and degenerative arthritis, right lower extremity radiculopathy, left lower extremity radiculopathy, left ankle sprain, cervical spine strain, right shoulder sprain, right shin splints, left shin splints, hemorrhoids, right knee patellofemoral syndrome, and left knee patellofemoral syndrome was denied. The Veteran's PTSD disability rating prior to September 27, 2012 was also denied.

The Veteran's Dupuytren's contracture, right hand is as likely as not proximately due to his service-connected cervical spine disorder and associated cervical radiculopathy of the upper right extremity. Therefore, service connection for this condition is granted.

The Veteran's thoracolumbar spine disability was granted a 40 percent rating effective April 18, 2017. His left and right lower extremity radiculopathy were each granted separate 10 percent ratings effective the same date.

The Board has remanded the Veteran's claims for service connection and evaluations of various disabilities, as well as his claim for an earlier effective date for PTSD. The case is being returned to the RO for additional development.

The Veteran's appeal is remanded for further examination to determine the severity of his service-connected lumbar spine disability and associated neurologic conditions.

The Board dismissed the Veteran's appeals for service connection of back disability, right hip condition, left hip iliotibial band syndrome, and traumatic brain injury. Service connection was granted for PTSD.

The Board has granted service connection for a neck disability, bilateral upper extremity radiculopathy, and an acquired psychiatric disorder. The Veteran's claims for migraine headaches, increased rating for right scapula fracture residuals, and TDIU are remanded due to the need for additional medical opinions.