Radiculopathy & sciatica decisions — 2018

The Veteran's lumbar spine disability is rated at 40 percent, but no higher, throughout the appeal period.,The Veteran's right lower extremity radiculopathy is rated at 40 percent, but no higher, throughout the appeal period.

The Veteran seeks an effective date prior to August 3, 2009 for service connection of hepatitis C. The Board finds that the earliest possible effective date is May 8, 2006.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has determined that the Veteran's carpal tunnel syndrome of the right hand and radiculopathy of the right upper extremity are not service connected, as there is no evidence to support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Board has determined that the Veteran's current back disorder and heart disorder are not related to his service, including any in-service low back injury or September 1988 chest pain incident. Therefore, service connection for these conditions is denied.

The Veteran withdrew his appeal regarding the issues of service connection for left knee chondromalacia and degenerative joint disease, as well as higher initial ratings for left lower extremity radiculopathy. The Board dismissed these appeals.

The Board denied the Veteran's claim for service connection for diabetes mellitus, type II due to lack of evidence of herbicide exposure and no in-service or post-service diagnosis. The Board also remanded issues regarding initial ratings for upper extremity radiculopathy and a rating for cervical spine disability.

The Board has determined that a new VA examination is necessary to assess the current severity of the Veteran's lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy disabilities.

The Veteran's claims for service connection for head injury, bilateral leg sciatica, disability manifested by motion sickness and dizziness, tinnitus, bilateral glaucoma, bilateral cataracts, left eye detached retina (secondary to left eye cataracts), left hand disability (secondary to neck disability), right hand disability (secondary to neck disability), bilateral shoulder disability (secondary to neck disability), joint disability, neck disability, acquired psychiatric disorder (posttraumatic stress disorder) (secondary to service-connected lumbar spine disability), and sleep apnea have been denied. The Veteran withdrew these claims during his Board hearing.

The Veteran withdrew his appeal regarding the issues of service connection for flat feet and higher initial ratings for thoracolumbar degenerative arthritis with IVDS, allergic rhinitis, right lower extremity radiculopathy, bilateral hearing loss, and status post right thumb fracture.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 20, 2011. Separate ratings of 10 percent are assigned for his right and left lower extremity radiculopathy since that date. The Veteran's left knee tendinitis, removal of cartilage, and instability each receive a separate 10 percent rating, starting from July 6, 2015.

The Veteran's claims for depression and insomnia, headaches, diabetes mellitus, hypertension, and kidney disorder have been denied as new and material evidence has not been received to reopen the claims.,Service connection for radiculopathy of the right lower extremity is also denied.

The Veteran's TDIU claim is being remanded for further development, including scheduling VA examinations to assess the impact of his service-connected disabilities on his employability and reconsidering the claim in light of recent grants of service connection for lumbosacral strain and bilateral lower leg radiculopathy.

The Board has remanded the case for additional development due to incomplete information and need for a comprehensive examination of the Veteran's employment capacity given his service-connected disabilities.

The Veteran's TDIU claim for the period prior to April 13, 2011 is denied. The Board grants a TDIU from April 13, 2011 and finds that his service-connected disabilities preclude substantial gainful employment.

The Board has denied service connection for residuals of an injury to the right foot. The Veteran's left knee and lumbar spine disabilities are pending, as is his claim for a psychiatric disorder.

The Veteran has requested to withdraw all of his claims due to receiving a total disability rating based upon unemployability (TDIU). As such, the Board dismisses all issues on appeal.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, as well as his initial rating claims for lower back strain prior to June 4, 2014, lumbar radiculopathy in right lower extremity, and lumbar radiculopathy in left lower extremity. The appeal was based on the Veteran's service connection award but not on a direct service connection claim.

The Veteran's appeal for service connection for bilateral restless leg syndrome has been withdrawn. The remaining issues of service connection for a back disability and sciatica are addressed in the REMAND portion.