Radiculopathy & sciatica decisions — 2019

The Veteran's claims for service connection for a neck disorder, left and right lower extremity radiculopathies, and PTSD have been denied. The Board found that the evidence did not support a finding of direct service connection or secondary service connection for any of these conditions.

The Board has remanded the claims for service connection due to new and material evidence received, but did not specify any outcome or rating assigned.

The Board denied the Veteran's claims for service connection for radiculopathy of the left and right lower extremities, finding that there is no competent medical evidence linking these conditions to his active service.

The Veteran's cervical spine disability was denied a rating in excess of 10 percent prior to January 24, 2019 and in excess of 30 percent from that date.,Radiculopathy of the right upper extremity and left lower extremity were both denied ratings in excess of 20 percent.,Left upper extremity radiculopathy was also denied a rating in excess of 10 percent prior to January 24, 2019.

The Board denied service connection for low back, sciatica, right hip, left hip, right knee, and left knee conditions due to lack of evidence showing a nexus between the current disabilities and in-service activities.

The Veteran's increased rating for headaches is granted, and her TDIU is also granted. The cervical spine strain with posttraumatic cervical radiculopathy and residuals of small broad base disc bulge at the level of L4-5 and L5-S1 lumbar spine are both remanded for further evaluation.

The Board has granted an earlier effective date of July 31, 1995 for the grant of service connection for cervical radiculopathy, Parson-Turner syndrome, and right upper extremity nerve damage.

The Veteran's right lumbar radiculopathy is granted, and for the entire rating period on appeal, a 40 percent disability rating for left lumbar radiculopathy involving the sciatic nerve is granted.

The petition to reopen the previously denied claim of service connection for bilateral ingrown toenail disability is denied. Entitlement to service connection for a headache disability is denied. An effective date of September 15, 2013, but not earlier, for the assignment of a 10 percent rating for a lumbar spine disability is granted. The Veteran's claims for service connection for bilateral elbow strain, bilateral lower extremity radiculopathy, and an acquired psychiatric disorder are remanded.

The Veteran's claim for an initial rating higher than 20 percent for diabetes mellitus, type II was denied. The Board also found that the issue of entitlement to a total disability rating based on individual unemployability prior to February 9, 2015, due to service-connected disabilities, should be remanded as it does not meet the schedular criteria but may potentially qualify for extraschedular consideration.

The Veteran's service-connected acquired psychiatric disorder, diagnosed as major depressive disorder, is granted. The initial ratings for radiculopathy of the left and right lower extremities are denied. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.

The Veteran's claims for increased ratings for service-connected sciatic nerve involvement of the left and right lower extremities are being remanded due to the need for additional development, including a VA examination.

The Board has remanded the Veteran's claim for bilateral hip osteoarthritis and right lower extremity radiculopathy due to inadequate opinions in the August 2017 addendum. The VA examiner is required to provide an opinion on whether the service-connected lumbar spine and/or bilateral radiculopathy disabilities cause or aggravate the Veteran’s bilateral hip osteoarthritis.

The Board denied the Veteran's claims for service connection for hepatitis C, sleep apnea, a toenail fungus, GERD with constipation, PTSD, diabetes mellitus type II, peripheral neuropathy of the right lower extremity (sciatic nerve), peripheral neuropathy of the left lower extremity (sciatic nerve), peripheral neuropathy of the left lower extremity (anterior crural nerve), and peripheral neuropathy of the right upper and left upper extremities. The Veteran's claims for service connection were not reopened due to lack of new and material evidence.

Your claim for a total disability rating based on individual unemployability due to service-connected disabilities has been granted, effective June 13, 2012. However, the full benefit sought (a TDIU) was already granted in your favor before you filed this appeal.

The Board has remanded the Veteran's claims for cervical spondylosis with myelopathy and intervertebral disc syndrome (IVDS) and right upper extremity radiculopathy and/or neuropathy due to inadequate medical opinions on direct service connection, as well as secondary service connection.

The Veteran's service-connected conditions have been granted, and he is now eligible for a TDIU. The issues of bilateral hearing loss, right eye condition, depression, bilateral foot condition, right knee condition, left shoulder condition, left hip condition, left elbow condition, left knee condition, erectile dysfunction, low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy have been resolved.

The Veteran's claim for increased ratings for status post-operative right 5th toe hammertoe correction with nerve damage and right lower extremity radiculopathy was denied. The rating of 10% prior to February 17, 2017, and the current 20% rating from that date were both found not to meet the criteria for higher ratings.

The Board has granted service connection for lumbar disc disease and radiculopathy of the right lower extremity, both secondary to a service-connected disability.

The Board has dismissed the appeal for an evaluation in excess of 20 percent for a back disability from November 8, 2014. The remaining issues have been remanded due to procedural and rating criteria issues.