Radiculopathy & sciatica decisions — 2019

The Veteran's service connection claims for myalgia, mallet finger, left little finger, vertigo, fatigue, heat exhaustion, liver disability, gastritis and sciatica have all been denied.,Service connection was not granted for any of the conditions due to a lack of current disabilities.

The Veteran's left lower extremity radiculopathy is rated at 40 percent effective June 26, 2015.,A total disability rating due to individual unemployability (TDIU) is granted effective June 26, 2015.

The Veteran's radiculopathy of the left upper extremity, right upper extremity, left lower extremity, and right lower extremity are granted as secondary to her service-connected cervical spine disability and lumbar spine disability. The Veteran’s claim for a higher rating on her cervical spine disability is remanded. Her claim for service connection for major depressive disorder is also remanded.

The Veteran's left forearm extension limitation is rated at 10 percent, effective from the date of the decision.,Beginning January 26, 2017, the Veteran's left elbow flexion and cervical radiculopathy are rated at 30 percent, effective from that date. The scars on her forearm remain at 10 percent, and her supination and pronation limitation remains at 20 percent.

The Veteran's radiculopathy of the right lower extremity is being remanded for further review due to new evidence indicating worsening symptoms.

The Veteran's claims for increased ratings and service connection were denied. For the lumbar strain, a rating in excess of 20 percent from June 2, 2010 to June 29, 2015, and in excess of 40 percent after June 30, 2015, is not warranted.,For the lumbar spine stenosis with degenerative changes, service connection was denied as there was no indication that the condition manifested during active service or within one year of separation. The Veteran's current condition did not have a causal relationship to his active service.,For left leg radiculopathy, secondary to service-connected lumbar strain, service connection was also denied due to lack of evidence showing its onset during service and no indication that it is related to the service-connected lumbar strain.

The Veteran's claim for a clothing allowance due to his service-connected back disability was denied as he did not provide evidence of damage to his shirts that would justify the allowance.

The Board denied service connection for low back disability, finding that the Veteran's current condition is not related to her in-service injury and is more likely due to degenerative disease.

The Veteran's sciatica pain is not considered a qualifying additional disability under the provisions of 38 U.S.C. §1151 due to his RFA procedure, and he does not meet the criteria for TDIU based on service-connected disabilities alone.

The Board has determined that the Veteran's lumbar disorder with associated radiculopathy and sciatica is related to his active duty service, granting service connection for this condition.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional evidence, including medical records from the Miami VA Medical Center. The reduction of the hiatal hernia rating is also being remanded. If the schedular criteria does not meet the requirements for a TDIU prior to January 31, 2013, the case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran withdrew his appeals regarding the ratings and effective date for his service-connected disabilities, leaving only the lumbosacral strain with degenerative arthritis of the spine, intervertebral disc syndrome, and sacroiliac weakness.

The Veteran's initial and increased ratings for his service-connected lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy have been denied. The Veteran is granted a higher rating of 20 percent for the left lower extremity radiculopathy as of October 24, 2018.

The Board has ordered the AOJ to obtain copies of service treatment records associated with the Veteran’s most recent period of service in the Army National Guard. The appeal is remanded due to issues with the examination reports and missing service treatment records.

The appeal is granted as the NOD received on April 17, 2015 was timely and contests the denial of service connection for spondylosis/spondylolisthesis, depression, sciatica/radiculopathy, hypertension, and total disability rating based upon individual unemployability.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for higher ratings for PTSD and service connection for various spine conditions, as well as secondary service connection for radiculopathy of the upper and lower extremities. The claims are being remanded to allow for further development.

The Veteran's ratings for sciatica and hamstring sprain/strain were reduced from 10% to 0%, effective February 1, 2016. The Board found that there was no actual improvement in the Veteran’s disability level and ability to function under ordinary conditions of life and work at the time of the reductions.

The Board has remanded the cases for further development and consideration, including obtaining VA treatment records and scheduling a new examination to assess the severity of the Veteran's service-connected back disability and associated lower extremity neurological disability. The TDIU claim is also being remanded as it may be significantly impacted by the outcome of the rating issues.

The Veteran's left lower extremity sciatica with radiculopathy has been rated at 40 percent since the period on appeal, which is the highest rating available for this condition.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment prior to June 7, 2016.