Radiculopathy & sciatica decisions — 2019

The Veteran's claims for service connection and increased ratings have been denied. Service connection was not granted due to lack of evidence linking the claimed conditions to his active duty, and initial evaluations were denied as well.

The Board denied service connection for the cause of the Veteran's death, finding that new and material evidence had not been received to reopen the claim. The Board also found that the Veteran’s service-connected disabilities did not contribute substantially or materially to his death.

The Board has denied service connection for residuals of left hand burn and remanded the issues of service connection for slipped lumbar disc with sciatica and sciatic pain in both legs.

The Veteran's initial compensable rating for bilateral pes planus from November 4, 2008 to September 29, 2015 is denied. The Veteran was granted a TDIU prior to September 17, 2010.

The Veteran's service connection claim for tinnitus was denied, but the RO reopened and granted service connection. The initial rating assigned is 10 percent.,Service connection for DJD of thoracolumbar spine was granted with an initial rating of 10 percent. Service connection for rheumatoid arthritis of thoracolumbar spine was not established as it was not shown in service or presumed due to herbicide exposure. Service connection for radiculopathy of the right lower extremity, PTSD, and depressive disorder were all granted.

The Veteran's claim for service connection for a right knee disability was denied due to lack of in-service disease or injury. The new evidence received does not relate to an unestablished fact necessary to substantiate the claim.,The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's service-connected lumbar spine and sciatica conditions are being remanded for additional examinations to assess their current severity, as well as for the submission of income verification. The TDIU claim is also being referred to the Director of Compensation and Pension Service.

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

The Board denied service connection for a back disability, concluding that the evidence did not support a finding of in-service injury or disease and that the current condition was less likely related to service.

The Veteran's claim for higher initial ratings for degenerative arthritis of the lumbar spine and radiculopathy of the right lower extremity is denied. The current ratings are considered appropriate based on the evidence.

The Board denied the Veteran's claims of service connection for left C5 radiculopathy, right C5-C7 radiculopathy, and PTSD due to lack of evidence supporting a nexus between these conditions and his active service.

The Board found that the reduction of the evaluation for radiculopathy of the right lower extremity from 40 percent to noncompensable, effective July 1, 2013, was proper based on improvement in the Veteran's condition.

The Board has remanded the Veteran's claims for increased ratings and special monthly compensation based on a need for aid and attendance or being housebound due to issues related to his lumbar degenerative disc disease and lower extremity radiculopathy.

The Veteran's lumbar spine degenerative disc disease, left and right lower extremity radiculopathy (sciatica), and bilateral hip pain have been granted service connection.

The Board has determined that new VA examinations are needed to assess the current severity of the Veteran's service-connected lumbar spine and right lower extremity disabilities, as well as updated treatment records should be obtained.

The Board has remanded the Veteran's claims for an evaluation in excess of 40 percent for thoracolumbar strain with degenerative disc disease and degenerative joint disease, as well as his claim for a TDIU. The Veteran testified that his service-connected disabilities have worsened and prevented him from maintaining substantially gainful employment.

The Veteran was granted an effective date of March 1, 1995 for the award of service connection for cervical radiculopathy of the bilateral upper extremities.,An earlier effective date for a higher rating for herniated intervertebral disc L5-S1 is denied.

The Veteran's application to reopen a previously denied claim for entitlement to service connection for a left hip disability is granted. Service connection for a left hip disability is also granted.,Increased ratings are granted for the lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's right knee disability, sleep apnea, cervical spine degenerative changes, radiculopathy of the left upper extremity, peripheral neuropathy of bilateral lower extremities, and hernia have been granted service connection. The Veteran is also entitled to increased ratings for his cervical spine degenerative changes, radiculopathy of the left upper extremity, and peripheral neuropathy of bilateral lower extremities.

The Veteran's service-connected thoracolumbar spine disability and associated bilateral lower extremity radiculopathy are being remanded for further development, including scheduling a new VA examination to assess the current severity of his disabilities.