Radiculopathy & sciatica decisions — 2019

The Board denied service connection for low back disorder, radiculopathy of the left and right lower extremities, and TDIU. The Board found no in-service injury or disease related to these conditions, and concluded that there was insufficient evidence to establish a nexus between current disabilities and service.

The Veteran's claim for service connection for right upper extremity radiculopathy and left upper extremity radiculopathy is being remanded due to procedural issues.,An effective date earlier than June 5, 2013 for the grant of service connection for right upper extremity radiculopathy and an effective date earlier than January 30, 2014 for left upper extremity radiculopathy is denied.

The Board has granted service connection for facet arthritis, degenerative disc disease, and spondylosis of the thoracolumbar spine with radiculopathy, to include numbness, constant pain, and paresthesias and/or dysesthesias of the left lower extremity. The decision is based on continuity of symptomatology since the Veteran's in-service injury.

The Veteran's increased rating claims for cervical spine, radiculopathy of the upper and lower extremities, and lumbar spine disorders are remanded. The service connection claim for an acquired psychiatric disorder is also remanded.

The Veteran's death was not due to a service-connected disability. The Board denied DIC benefits under 38 U.S.C. § 1318 because the Veteran did not meet the criteria for total disability for at least 10 years prior to his death.

The Veteran's appeal is being remanded to obtain updated VA treatment records and schedule him for a VA examination to assess the severity of his service-connected disabilities as they relate to his ability to use his lower extremities. The Veteran must provide evidence that he requires an assistive device (cane, wheelchair, walker, brace, etc...) in order to walk and get around.

The Veteran's appeal for service connection for a right leg disorder is dismissed. The claim for service connection for a left leg disorder has been reopened due to new and material evidence, but the issue of entitlement to service connection remains remanded.

The Board has determined that the Veteran's lumbar spine disability with left lower extremity radiculopathy is related to his service, and thus grants service connection for these conditions.

The Veteran's radiculopathy of the sciatic nerve, left lower extremity associated with low back strain and degenerative disc disease is granted a disability rating of 20 percent from May 22, 2014 to June 3, 2019.

The Veteran's claims for increased ratings for spondylopathy of the lumbar region and radiculopathy of the left lower extremity are being remanded due to insufficient examination findings during an average flare-up period. Additional development is needed, including obtaining additional medical opinions.

The Board has remanded the claims for service connection for sciatica and ratings for idiopathic lymphedema of the lower extremities due to a lack of medical evidence addressing the current severity of these conditions. The Veteran's TDIU claim is also remanded.

The Veteran's PTSD and right lower extremity radiculopathy have been granted service connection, but the effective dates for these conditions are denied. The Veteran's PTSD is rated at 30%.

The Board restored the separate compensable ratings for right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and left lower extremity femoral nerve neuropathy, as well as the special monthly compensation based on the need for regular aid and attendance. These decisions were made due to errors in the original rating determinations.

The Board denied the Veteran's claims for earlier effective dates for service connection of bilateral hearing loss, tinnitus, lumbar spine strain, left lower extremity radiculopathy, and right lower extremity radiculopathy as there was no evidence that VA failed to notify him or made an error in his address.

The Veteran seeks a higher rating for radiculopathy of the right lower extremity with involvement of the sciatic nerve prior to February 19, 2015. The current 20 percent rating is denied.,The Veteran also seeks increased ratings for her low back condition during two specific periods: prior to February 19, 2013 and from November 15, 2013 to February 9, 2015. These issues are remanded for further development.

The Veteran's left lower extremity radiculopathy is now rated at 20 percent effective April 18, 2019. The lumbar spine condition remains rated at 40 percent from April 18, 2019.

The Veteran's thoracolumbar spine disability and right lower extremity radiculopathy are rated at 20 percent each, but the Board denied a higher rating for these conditions. The neck disorder was not service-connected.

The Board denied the Veteran's claims for service connection for hypertension and TDIU due to his service-connected disabilities. The Board found that there was no evidence linking the Veteran’s hypertension to service, and determined that he could perform sedentary employment despite his service-connected conditions.

The Veteran's service connection claim for a low back disability was denied. The rating for cervical spine degenerative arthritis with spondylolisthesis and intervertebral disc syndrome (cervical spine disability) prior to April 1, 2019, was also denied. However, the rating for radiculopathy of the left upper extremity was granted at a 30 percent level effective from April 1, 2019, and the rating for radiculopathy of the right upper extremity was granted at a 50 percent level effective from April 1, 2019.

The Veteran's claim for separate initial ratings for different nerves of the left leg radiculopathy is remanded due to a lack of information on whether symptoms overlap and therefore, cannot determine if separate ratings may be assigned.