Radiculopathy & sciatica decisions — 2018

The Veteran's right and left upper extremity peripheral neuropathy are currently rated at 20 percent each, which is the maximum rating under Diagnostic Code (DC) 8513.,The Veteran's bilateral lower extremity peripheral neuropathy (sciatic nerve) is currently rated at 40 percent each, which is the maximum rating under DCs 8599-8520.

The Veteran's claim for service connection for a low back disability is reopened, and he is granted service connection for lumbar degenerative disc disease. Effective November 29, 2011, his right hip deformity is rated at 40 percent under DC 5252, with another separate 10 percent rating for limited external rotation of the right hip effective from that date. A 10 percent rating is also assigned for limited extension of the right hip as of October 31, 2012.

The Veteran's radiculopathy, right lower extremity, is currently rated at 20 percent and the appeal for a higher rating has been denied.

The Veteran seeks an earlier effective date for service connection and increased ratings, but the Board finds that no such effective dates are warranted based on the evidence of record.

The Veteran's appeals for increased ratings for left and right lower extremity radiculopathy, as well as posttraumatic stress disorder, are dismissed. A total disability rating based on individual unemployability is granted from April 20, 2010 to July 12, 2017.

The Veteran's initial rating for degenerative arthritis of the thoracic spine is granted at 40 percent, effective June 30, 2011. The Veteran's left lower extremity radiculopathy is rated at 10 percent, also effective June 30, 2011. A TDIU rating is granted from June 12, 2017.

The Veteran's initial compensable rating for diabetic nephropathy prior to May 17, 2016 was denied.,The Veteran's rating in excess of 30 percent for diabetic nephropathy since May 17, 2016 was also denied.

The Veteran's PTSD is rated at 70 percent, and he is granted a TDIU due to his service-connected disabilities.

The Board denied service connection for COPD, finding that the evidence did not support a link between the Veteran's current respiratory condition and his military service or asbestos exposure. The Board also remanded cases regarding left and right lower extremity radiculopathy due to lack of recent VA examination records.

The Board denied service connection for right knee, right foot, tinnitus, and right sciatic nerve disabilities. The Veteran's current disabilities were not found to be related to service or due to exposure to herbicide agents.

The Veteran's appeal for service connection for a cervical spine disability and sleep disorder has been withdrawn.,The request to reopen the previously denied claim of entitlement to service connection for hypertension has been granted, but the issue remains remanded due to lack of evidence linking hypertension to service.

The Board denied service connection for degenerative disc disease of the spine and bilateral lower extremity sciatica, finding no evidence linking these conditions to active duty service or exposure to contaminated water at Camp Lejeune.,Service connection was also denied for neuropathy, with the Board noting that there is no current diagnosis of this condition.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including back pain, radiculopathy, and knee strain.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected sarcoidosis.,Greater trochanteric bursitis of the right hip and left hip are each rated at 10%.,Low back pain with degenerative joint disease does not meet criteria for a higher rating.,Left knee and right knee degenerative joint diseases are remanded for further review.

The Board has remanded the Veteran's claims for increased ratings for low back syndrome, limitation of motion of the dorsal spine, and bilateral lower extremity radiculopathy. The issues are inextricably intertwined with the claim for increased ratings for low back syndrome.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, as the evidence did not show that they precluded him from obtaining or maintaining substantially gainful employment.

Service connection is granted for bilateral hearing loss and tinnitus, both found to be related to service. Service connection is denied for bilateral carpal tunnel syndrome.,Secondary service connection claims for eye disability, hypertension, sleep apnea, and radiculopathy of the upper and lower extremities are remanded.

The Veteran's appeal for service connection for a lumbar spine disorder and radiculopathy has been dismissed due to the death of the Veteran.

The Veteran's service-connected degenerative arthritis and IVDS of the thoracolumbar spine, and left lower extremity radiculopathy have worsened since his last VA examination in December 2016. The Board has ordered a new VA examination to evaluate the current severity of these conditions.

The Veteran's spondylosis of the thoracolumbar spine is granted at a 20 percent rating, effective May 2, 2011. A higher rating for this condition is denied. The TDIU appeal is dismissed.