Radiculopathy & sciatica decisions — 2018

An effective date of July 18, 2008, but no earlier, for the award of service connection for radiculopathy of the left lower extremity is granted.,For the period prior to October 17, 2012, a rating in excess of 20 percent for radiculopathy of the right lower extremity is denied. For the period from October 17, 2012, onward, a rating in excess of 40 percent for radiculopathy of the right lower extremity is denied.,For the period prior to October 17, 2012, a rating in excess of 10 percent for radiculopathy of the left lower extremity is denied. For the period from October 17, 2012, onward, a rating in excess of 40 percent for radiculopathy of the left lower extremity is denied.,The petition to reopen the claim of entitlement to service connection for left shoulder disability is denied.

The Veteran's lumbar spine disability is rated at a 40 percent rating since April 29, 2015.,The Veteran's bilateral lower extremity radiculopathy is rated at a 40 percent rating since April 29, 2015.

The Veteran's lumbar spine disability is rated at 40 percent disabling from August 29, 2014. His right lower extremity radiculopathy is rated at 20 percent disabling beginning January 20, 2017.

The Board has remanded the issue of service connection for an acquired psychiatric disability due to insufficient information in previous examinations.,Further examination and clarification are needed before a decision can be made on this matter.

Service connection for lumbar degenerative disc disease with radiculopathy is granted. The effective date for the grant of service connection for cervical strain is denied and set at July 12, 2012.

The Veteran's low back strain with sciatic pain is rated at 20% effective January 29, 2015. A separate 20% rating for left lower extremity radiculopathy is granted since November 6, 2013.

The Veteran's DDD with radiculopathy was not incurred in or aggravated by service, and the Board finds no causal relationship between his current condition and service.,There is insufficient evidence to establish a bilateral hearing loss disability for VA purposes within one year of separation from active duty.

The Veteran's petition to reopen his service connection claim for a cervical spine disability is granted. The Board also remanded the claims of service connection for hypertension, lumbar spine disability, radiculopathy of the left and right lower extremities, and TDIU.

Service connection for MUCMI and an increased rating for generalized anxiety disorder with stressor-related disorder are granted. The Veteran's symptoms include social isolation, anxious affect and mood, chronic sleep impairment, nightmares, hypervigilance, anxiety, suspiciousness, difficulty focusing, and suicidal ideation.

The Veteran's bilateral foot disability, bilateral hearing loss, and obstructive sleep apnea are not service-connected.,Service connection for a psychiatric disability (depression) secondary to lumbar spine disability is remanded. The Veteran currently meets the schedular requirements for a TDIU.

The Veteran's right hip replacement disability is rated at 90 percent, the maximum schedular rating. The issue of entitlement to a TDIU has also been granted due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Veteran's GERD and hypothyroidism have been rated based on the severity of their symptoms. The Veteran is not entitled to higher initial disability ratings for these conditions.,For his hypothyroidism, the Veteran was granted a 30 percent rating from August 29, 2007, to October 12, 2009, and denied any increase in rating prior to this period and since October 13, 2009.

The Veteran's bilateral eye glaucoma is granted as service connected. The extension of a temporary total rating for back disability is granted until June 30, 2016. Service connection for bilateral lower extremity radiculopathy secondary to lumbar spine disability is remanded.

The Veteran's depressive disorder and bilateral lower extremity radiculopathy are granted as secondary to his service-connected degenerative disc disease of the lumbar spine. The claim for bilateral patellofemoral syndrome is remanded due to lack of service treatment records.

The Board denied service connection for various disabilities, including left knee disability, cervical spine disability, lumbar spine disability with radiculopathy, and urinary incontinence associated with lumbar spine disability, finding no evidence of a nexus to service or service-connected conditions.

The Board denied service connection for memory loss, sleep disability, arm disability, and cervical radiculopathy of the right upper extremity. The Veteran's memory loss is not considered a separate disability from his service-connected generalized anxiety disorder.

The Board has remanded several issues related to the Veteran's claims, including service connection for sinusitis, back disability (including scoliosis with sciatica), upper respiratory infection, bilateral knee degenerative disc disease, hiatal hernia, and folliculitis. The remand requests additional examinations and reviews of records.

The Veteran's claims for increased ratings for his lumbar spine disability, radiculopathy of the left lower extremity, and PTSD have been denied. The current ratings are 10 percent for the period prior to September 29, 2017, and 20 percent thereafter.

The Board denied service connection for back and neck disabilities, as well as bilateral upper extremity radiculopathy and lower extremity neuropathy. The evidence did not show any in-service injuries or diseases related to these conditions.

The Veteran's claims for increased evaluations of his service-connected cervical spine and lumbar myositis with a bulging disc are being remanded due to the need for additional examinations in compliance with Correia v. McDonald (2016).