Radiculopathy & sciatica decisions — 2019

The Veteran's right ankle, low back, right knee, left knee, and right shoulder disabilities are granted as secondary to service-connected conditions.,The Veteran's radiculopathy of the left and right lower extremities is denied.

The Veteran's appeal for service connection on the merits was denied. The claims were remanded for further action.

The Veteran's service-connected peripheral radiculopathy and diabetic peripheral neuropathy of the right lower extremity has been rated at 40 percent since September 12, 2013. The same rating was assigned for the left lower extremity from September 5, 2013.

The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's lumbar spine disability is aggravated by his service-connected abdominal adhesions and whether it is due to the core weakness residual from his service-connected stab wound.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds no basis to grant a higher rating.,PTSD was initially rated at 30 percent prior to September 15, 2017, and at 70 percent thereafter. The Board finds no basis for an increased rating.,The Veteran's claim for neuropathy sciatic nerve, right lower extremity (RLE) secondary to lumbosacral strain was granted with an effective date of July 24, 2012.,The Veteran's claim for neuropathy sciatic nerve, left lower extremity (LLE) secondary to lumbosacral strain did not meet the criteria for an earlier effective date.

The Board has determined that the Veteran's claims for neck condition, left eye condition, scars, left upper extremity radiculopathy, and chronic acquired psychiatric condition are not supported by sufficient evidence in the record. The Board has ordered VA to attempt to obtain relevant private treatment records from Mission Hospital and Camino Health Center.

The Board denied the Veteran's claim for special monthly compensation (SMC) for loss of use of his right foot, finding that he does not meet the criteria for SMC based on service-connected disabilities.

The Veteran's lumbar spine disability is rated at 40 percent effective March 25, 2003. A separate rating of 10 percent for right lower extremity radiculopathy is granted effective April 15, 2014.

The Veteran's right hand carpal tunnel syndrome is rated at 50 percent, effective January 8, 2019.,The Veteran's lumbar spine disability and associated radiculopathy of the lower extremities are not rated higher than 20 percent.

The Veteran's claims for earlier effective dates and increased ratings have been denied. The Board found that the Veteran did not file a claim prior to October 22, 2012, for PTSD, migraine condition, radiculopathy of the right lower extremity, thoracolumbar spine condition, or cervical spine condition.

The Board has remanded the Veteran's claims for cervical and thoracolumbar spine disorders, as well as radiculopathy of both lower extremities. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's combined disability rating is at most 50 percent, which does not meet the threshold requirements for TDIU. The evidence of record indicates that the Veteran had the capability to obtain and maintain substantial gainful employment during the appeal period.

The Veteran's left and right lower extremity radiculopathy are granted with a 20% evaluation each. The issue of an increased evaluation for lumbosacral strain with degenerative arthritis is remanded.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's low back condition, specifically a lack of an adequate nexus opinion from a VA examiner.

The Veteran's appeal for an increased rating for erectile dysfunction is dismissed as he withdrew his claim during the July 2017 Board hearing.,The Veteran’s claims of service connection for a right shoulder disability, pulmonary sleep disorder (claimed as sleep apnea), and right lower extremity nerve disability are remanded due to insufficient evidence addressing secondary service connection theories.,The Veteran's claim of service connection for a pulmonary sleep disorder is remanded due to insufficient evidence addressing the relationship between his obesity and service-connected disabilities, and whether it was caused or aggravated by his psychiatric disability.,The Veteran’s claim of service connection for a right lower extremity nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran's claims of increased ratings for lumbar spine degenerative joint disease, left knee instability with osteoarthritis, and right knee osteoarthritis are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.,The Veteran's claim of increased rating for left lower extremity sciatic nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran’s claims of increased ratings for depression are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.

The Veteran's service connection claims for headaches, chest congestion and body aches, right ankle disability, left lower extremity radiculopathy (secondary to lumbar spine disability), right lower extremity radiculopathy (secondary to lumbar spine disability), and a 10% rating for right thumb/hand disability have been granted. The Veteran's claims for service connection for an acquired psychiatric disorder, bilateral hearing loss, tinnitus, increased ratings for his lumbar spine disability, cervical spine disability, and related neurological impairments in the extremities, and TDIU are remanded.

The Board has determined that the Veteran's claims for increased ratings for his service-connected degenerative arthritis of the lumbar spine with L5/S1 spondylolisthesis and right lower extremity lumbar radiculopathy require additional examination to determine the current extent of disability.

The Veteran's claim for service connection for prostate cancer has been reopened, but the increased ratings for spondylosis of the lumbar spine and radiculopathy of the lower extremities remain under appeal.

Service connection has been granted for a cervical spine degenerative joint disease with radiculopathy, a mood disorder, and depressive disorder. Service connection remains denied for a left knee injury.,The Veteran's current diagnoses of cervical spine degenerative joint disease with radiculopathy, mood disorder, and depressive disorder are all considered to be related to his service.

The Veteran's claim for an increased rating for headaches was denied as there was no evidence of sustained and material improvement.,The Veteran's claim for an increased rating for right upper extremity radiculopathy was denied as the evidence did not show severe incomplete paralysis, warranting a higher rating.,The reduction in the disability rating for left upper extremity radiculopathy from 40 percent to 20 percent was upheld.