Radiculopathy & sciatica decisions — 2019

The Board has remanded the Veteran's claims for lumbar fusion, left leg radiculopathy, right leg radiculopathy, and depression due to a lack of service treatment records. The Veteran reported an in-service fall during basic training which he believes caused his current disabilities.

The Veteran's appeal includes issues related to the reduction of his disability rating for recurrent low back strain and claims for higher ratings for various service-connected conditions. The Board has determined that these issues are inextricably intertwined and requires further action, including obtaining updated VA treatment records and scheduling a VA examination.

The Veteran's PTSD is currently rated at 30 percent prior to January 5, 2017 and 70 percent thereafter. The Board has found the evidence does not support higher ratings for this condition.,For the period beginning on January 5, 2017, the Veteran's PTSD is rated at 70 percent. The Board has found that the evidence does not support a higher rating of 100 percent as total occupational and social impairment is not shown.

The Veteran's claims for service connection for various conditions have been denied. The Board found no evidence of chronic disabilities in service or post-service, and the Veteran did not provide credible evidence to support his assertions.

The Board has remanded the claims for service connection for various conditions, including liver disorder, radiculopathy in multiple extremities, and renal cysts. The remand is due to missing VA medical records and the need for an addendum opinion regarding whether the Veteran's service-connected DMII aggravated his renal cysts.

The Veteran withdrew his appeals for the conditions and rating he was seeking.

The Board denied service connection for a low back condition, right leg condition, and sciatica as there was no evidence linking these conditions to the Veteran's military service.

The Veteran's depression disorder is granted as secondary to his service-connected disabilities. His atrial fibrillation disability is rated at 100% since August 9, 2012 due to chronic congestive heart failure and regurgitation valves. Other conditions are denied or not addressed.

The Veteran's claim for increased ratings for degenerative arthritis of the lumbar spine with lumbar stenosis and spondylolithesis, left lower extremity radiculopathy, and right-sided sciatica was denied. The rating for left lower extremity radiculopathy and right-sided sciatica from May 9, 2012 to September 24, 2014 was granted at a 40 percent rating.

The Veteran's claims for increased ratings and SMC based on aid and attendance are remanded due to the need for additional development, including VA examinations.

The Veteran's claim for service connection for chronic bilateral lower extremity lumbar spine radiculopathy is denied. The rating in excess of 20 percent prior to May 11, 2009, and in excess of 40 percent afterwards, for a lumbar spine disability is also denied.

The Board has remanded the case due to insufficient medical opinion regarding the cause of death and its relation to service-connected conditions.

The Veteran's depressive disorder, left foot scar, intervertebral disc syndrome/lumbosacral strain, left lower extremity radiculopathy, and right lower extremity radiculopathy have all been granted service connection. However, the effective dates for these grants are not earlier than February 13, 2003 (depressive disorder), June 17, 2015 (left foot scar), May 9, 2012 (intervertebral disc syndrome/lumbosacral strain and radiculopathy of the lower extremities).,The Veteran's depressive disorder has been rated as 70 percent disabling. The Board denied an initial rating greater than 70 percent.

The Board has granted service connection for degenerative disc disease of the lower back, degenerative spondylolisthesis of the lower back, and radiculopathy of the lower extremities. The conditions are considered to be related to service.

The Veteran's service-connected Intervertebral Disc Syndrome (IVDS) of the thoracolumbar spine and right sciatic nerve impairment have been granted, with a staged initial rating of 10 percent.

The Veteran's service-connected disabilities alone are not found to be of sufficient severity to produce unemployability, and he is currently working full time as an aviation inspector.

The Board has decided to remand the Veteran's claims for service connection due to inadequate opinions in his July 2016 VA examination.

The Veteran's claim for an earlier effective date for the award of service connection and compensation for left lower extremity femoral nerve radiculopathy is remanded. The matter is also remanded to determine when left femoral nerve pathology was first shown, distinguishing it from symptoms attributable to left sciatic nerve involvement.

The Board has reopened the Veteran's claims for service connection for a fracture of the left hand and remanded other issues due to new evidence submitted by the Veteran. The remaining issues are being remanded for additional development, including obtaining relevant medical records and scheduling VA examinations.

The Board has determined that there is no evidence of a current chronic knee disorder or low back disorder, and the Veteran's claims for these conditions are denied. The claims for sciatica, acquired mental disorders, and cystitis are remanded as additional medical examination and opinion are needed.