Radiculopathy & sciatica decisions — 2019

The Veteran's right lower extremity radiculopathy is rated at 20 percent, effective August 27, 2012. The left lower extremity radiculopathy remains denied.

The Veteran's service connection claims for diabetes mellitus, radiculopathy of the right and left lower extremities, and increased rating for degenerative joint disease, lumbar spine with intervertebral disc syndrome have all been denied.,Service connection was not granted because there is no evidence of herbicide exposure during service. The Veteran's lay statements regarding herbicide exposure were found to be inconsistent with the places, types, and circumstances of his service.

The Veteran withdrew his appeals for earlier effective date and increased ratings for bilateral hearing loss, lumbar spine disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's kidney cancer is not service-connected as it did not begin during his military service and there is no evidence linking the condition to in-service events or exposures.,There is insufficient evidence to establish a right hip or thigh disability, right gluteal muscle disability, or sciatic nerve disability of the right lower extremity. The Veteran has not been diagnosed with these conditions at any point during his claim period.,The Veteran's left hip or thigh condition (rhabdomyolysis with myonecrosis) and left sciatic neuropathy are service-connected as they were caused by a right partial nephrectomy performed in 2017, which the VA was found to be at fault for.,No rating has been assigned due to lack of current disability.

The Board has determined that the Veteran's service-connected lumbar radiculopathy, both lower left and right extremities, warrants a remanded for further evaluation as the most recent VA examination is outdated.

The Board has remanded several claims for service connection due to the lack of a separation examination report. The Veteran's active service from May 1989 to May 1993 is noted, and he elected to have a separation medical examination prior to his discharge.

The Board has remanded the Veteran's claim for service connection for a neck disability, including pain and radiculopathy, as secondary to his service-connected chronic bilateral knee strain due to insufficient evidence regarding the etiology of the condition.

The Veteran's claims for service connection have been denied as the evidence does not support a finding that any of his claimed conditions are related to military service or secondary to a service-connected disability.

The Board has remanded the Veteran's claims for service connection for a neuropsychological disability, lumbar strain, and bilateral lower extremity radiculopathy due to contaminated water exposure at Camp Lejeune. The AOJ is instructed to schedule examinations to determine the nature and etiology of these disabilities.

The reduction of the rating for lumbar spine degenerative disc disease and degenerative joint disease from 40 percent to 20 percent, effective March 5, 2015, was improper. The 40 percent rating is restored, effective March 5, 2015.

The Veteran's claims for increased ratings for left lower extremity radiculopathy and recurrent low back strain were denied. The Board also found that the Veteran's claim for a total disability evaluation based on individual unemployability was not properly adjudicated.

The Veteran's appeals for service connection for ischemic heart disease, acquired psychiatric disability, hypertension, and erectile dysfunction have been granted. The appeal for headaches has also been granted. However, the appeals for right upper extremity neurological disability, left lower neurological disability (other than sciatica), and right lower extremity neurological disability are being remanded.

The Board has remanded the case due to inadequate examination for assessing the severity of the Veteran's lumbosacral strain and radiculopathy. The Veteran is seeking increased ratings for his service-connected conditions.

The Board has determined that the Veteran's lumbar spine, left and right lower extremity radiculopathy, and obstructive sleep apnea disabilities require further examination to determine their current severity. The TDIU claim is also remanded due to its inextricable link with the other claims.

The Board granted effective dates of July 16, 2008 for separate ratings for right and left lower extremity radiculopathy due to an increase in the Veteran's service-connected back disability.

The Board denied the Veteran's claims for service connection for low back disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and disability manifested by seizures. The Board found that there was no evidence of a nexus between these conditions and active service.

The Veteran's cervical radiculopathy and scar, residuals of injury to dorsum of left hand, are not service-connected. The Veteran's cervical radiculopathy is denied as there is no evidence linking it to an in-service event or disease. His scar is granted a 10% rating.

The Veteran's herniated nucleus pulposus and radiculopathy of the left lower extremity have been rated, with a temporary 100% rating for surgery convalescence from November 30, 2016 to December 31, 2016. Since January 24, 2019, he is not entitled to a higher rating for herniated nucleus pulposus and an initial rating in excess of 20% for left lower extremity radiculopathy prior to November 8, 2016. From April 1, 2016, the Veteran is granted a 40% rating for left lower extremity radiculopathy and from November 8, 2016, he is granted a 60% rating.

The Board denied the Veteran's claim for service connection for sciatica, finding that there is no current diagnosis of sciatica and noting that the Veteran's symptoms are attributable to his separately service-connected low back disability.

The Veteran's claims for effective dates prior to the assigned dates have been denied as there is no evidence of a formal or informal claim filed before those dates.,PTSD was granted service connection in January 2013, and an earlier effective date has not been granted due to lack of a diagnosis at that time.