Radiculopathy & sciatica decisions — 2019

The Veteran's service connection claims for left and right lower extremity radiculopathy, as well as his right foot, cervical spine, right hip, and right leg disabilities are granted. The Veteran’s right wrist disability claim is remanded.

The Board denied service connection for various conditions, including rheumatoid arthritis, fibromyalgia, achilles tendonitis, left shoulder disability, right shoulder disability, low back disability, pes planus, bilateral hearing loss, sleep apnea, edema of the lower extremities, residuals of a head injury, migraine headaches, carpal tunnel syndrome, sciatica of the left leg, and psychiatric disorder manifested by a head injury, all related to Reserve service. The Board found that there was no evidence of disease or injury incurred in or aggravated during ACDUTRA or INACDUTRA.

The Board has granted service connection for right and left lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine degenerative disc and joint disease.

The Veteran's appeals for increased ratings and TDIU were dismissed due to his death.

The Board has remanded the Veteran's claims for service connection for lumbar spine degenerative disc disease with lower extremity radiculopathy and left ear hearing loss due to new evidence received since the April 2012 rating decision.,Service connection was denied for both conditions as there is no credible evidence linking them to service.

The Veteran's claims for earlier effective dates for service connection and increased ratings have been denied.,No new or material evidence has been received to reopen the claim for service connection of hemorrhoids.

The Veteran's radiculopathy of the right upper extremity is being remanded for a new VA examination to assess current severity. The issue of whether his rating reduction from 40 percent to zero percent was proper is also being remanded.

The Board denied all requests for an effective date prior to September 1, 2013 for the awards of service connection and payment of disability compensation.

The Veteran's claims for effective dates earlier than August 21, 2014, for the grant of service connection for radiculopathy of the right and left lower extremities were denied.,The Veteran's claims for effective dates earlier than September 12, 2013, for the grant of service connection for left knee instability and for a 30 percent rating for traumatic DJD of the right and left knees were granted.

The Veteran's claims for service connection for residuals of injury to the right arm/shoulder and left arm/shoulder, as well as his claim for degenerative arthritis of the cervical spine, were denied. The Veteran was granted a 10 percent rating for cervical radiculopathy of the right upper extremity and a 10 percent rating for cervical radiculopathy of the left upper extremity.

The Board has decided to remand the Veteran's claims for service connection for lower back disorder, bilateral knee disorder, and radiculopathy of the lower extremities due to insufficient medical evidence. The VA is directed to obtain updated treatment records and provide a VA medical opinion regarding the nature and etiology of these conditions.

The reduction in the evaluations for left and right upper extremity radiculopathy from 20 percent to noncompensable was improper. The Veteran's cervical spine disability is remanded for a current examination, and TDIU is before the Board.

The Veteran is seeking an earlier effective date for the award of TDIU prior to September 19, 2013. The Board finds that referral to the VA Director of Compensation Service for adjudication of the TDIU claim under 38 C.F.R. § 4.16(b) is warranted.

The Veteran's claim for service connection for sleep apnea secondary to PTSD has been reopened and granted.,The Veteran's claim for service connection for TBI due to IED blast exposure was denied as there is no current diagnosis of TBI.,The Veteran's claim for service connection for erectile dysfunction secondary to PTSD and/or back injury was denied as the evidence does not show a current disability.,The Veteran's claim for service connection for radiculopathy of left lower extremity secondary to back injury was denied due to lack of current diagnosis.

The Board denied service connection for a low back and left leg disability, finding no causal link to service. The right leg disability claim was also denied as there is no indication of current right leg disability related to service.

The Veteran's back disability, left lower extremity radiculopathy, and other conditions have been granted service connection. The right knee disorder and gout are also granted. However, the Veteran does not meet criteria for service connection for plantar fasciitis, liver disorder (including hepatic steatosis), or right lower extremity radiculopathy.

The Board has remanded the claims for service connection due to inadequate opinions from a VA examiner in August 2018. The claims will be reviewed with additional development and an addendum opinion provided by another medical professional.

The Veteran's PTSD, lumbar spondylosis with radiculopathy of the right sciatic nerve, and bilateral hearing loss are all being remanded for further evaluation.

The Veteran's claims for service connection for postoperative residuals of a right tibiofibular fracture, right hip disability, back disability, and sciatica of both lower extremities have been denied. The Board found that the evidence does not support the Veteran’s allegations regarding his injuries resulting from the 2005 motor vehicle accident.,The preponderance of the evidence is against finding that the disabilities are secondary to service-connected varicose veins pathology.

The Board has determined that the Veteran's cervical spine disability, including stenosis and disc disorder with post-fusion surgery and radiculopathy, is related to his service. Service connection for this condition is granted.