Radiculopathy & sciatica decisions — 2019

The Veteran's appeal for an increased rating for PTSD prior to March 3, 2016 and from that date has been dismissed. The Board also remanded the issue of entitlement to SMC based on aid and attendance.

The Board denied service connection for an unspecified depressive disorder as it was not caused or aggravated by the Veteran's service-connected disabilities. The claims of increased ratings and TDIU were also remanded.

The Board has granted service connection for DDD of the cervical spine, left arm radiculopathy, right arm radiculopathy, left leg radiculopathy, and right leg radiculopathy. Service connection was also granted for an acquired psychiatric disorder (including anxiety, depression, PTSD, and major neurocognitive disorder).

The Board has remanded the Veteran's claims for increased ratings and service connection due to new evidence showing worsening of his cervical spine, right upper extremity radiculopathy, and status post cervical surgery scar conditions.

The Board has remanded the Veteran's claims of service connection for sciatica in his left lower extremity and an initial compensable rating for acute prostatitis due to the need for additional examinations.

The Veteran withdrew his appeal for the claim of bilateral lower extremity radiculopathy, which was secondary to service-connected lumbar spine disability.

The Veteran's appeal is remanded in several areas including separate ratings for radiculopathy of the bilateral lower extremities and entitlement to special monthly compensation due to a need for aid and attendance.

The Veteran's low back disability, right lower extremity radiculopathy, and bilateral hearing loss are currently rated as 10 percent each. The Board denied increased ratings for these conditions.,Service connection for a traumatic brain injury (TBI), migraine headaches secondary to TBI, and an acquired psychiatric disorder secondary to TBI was not granted.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence of record regarding his right knee and right leg disorders. The earlier effective date claim is dismissed as the Veteran withdrew it during the hearing.

The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.,The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.,The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.,The Veteran's claims for increased evaluation of lumbosacral strain with intervertebral disc syndrome, spinal stenosis, spondylitis and facet arthroplasty evaluated at 20 percent disabling, service connection for PTSD, service connection for radiculopathy of the sciatic and femoral nerves of the right lower extremity, and service connection for radiculopathy of the sciatic and femoral nerves of the left lower extremity are all denied as there is no evidence showing that a formal or informal claim was received prior to March 29, 2017.

The Veteran's service connection claims for a lumbar condition and left leg sciatica are remanded due to the need for additional development, including obtaining medical records and providing new VA examinations.

The Veteran's low back disability is currently rated at 20 percent, and the Board has found that this rating is not appropriate. The appeal for a higher rating remains pending.,The Veteran's left and right lower extremity radiculopathy of the sciatic nerve have been remanded to allow for further examination and evaluation.

The Board has granted an earlier effective date for a total disability rating based on individual unemployability (TDIU) from March 15, 2005. The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of that date.

The Board has remanded the claims for service connection for low back disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient evidence regarding the nature of the injuries and their relationship to service.

The Veteran's back disability is rated at 40 percent for degenerative disc disease of the lumbar spine, and a separate 10 percent rating is granted for right lower extremity radiculopathy. The Veteran's left lower extremity radiculopathy is currently rated as 20 percent disabling since February 1, 2017. The Board has remanded the issues regarding increased ratings for bilateral lower extremity radiculopathy and TDIU.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and associated radiculopathy of the left and right lower extremities due to a lack of adequate examination reports, including those from June 2009, April 2015, and June 2018. The Board also ordered additional development, including obtaining SSA records and scheduling the Veteran for an updated VA examination.

The Veteran's radiculopathy of the right lower extremity, left upper extremity, and fibromyalgia have been granted service connection as secondary to his already-service connected lumbar spine and cervical spine disabilities.

The Board denied the Veteran's claim for service connection for cervical radiculopathy, finding that there was no evidence to support a link between his current condition and active duty service or any service-connected disabilities. The preponderance of the evidence did not support the Veteran's claims.

The Veteran's left side sciatica is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's ureterolithiasis is currently rated at 30 percent and does not warrant an increase in disability rating.

The Veteran's claims for PTSD, low back disability, and right lower extremity radiculopathy were denied as the effective dates cannot be prior to his discharge from service on August 6, 2013.