Radiculopathy & sciatica decisions — 2019

The Board denied the Veteran's claims for VR&E benefits other than employment services and retroactive induction into a VR&E program to obtain a Master’s degree in Business Administration, finding that the preponderance of evidence did not support his claim.

The Veteran's claims for service connection have been dismissed due to the Veteran’s representative withdrawing all issues except for those related to coronary artery disease, TDIU, and acquired psychiatric disorder.

The Board has remanded four issues related to the Veteran's service-connected conditions, including cervical spine and tibial stress fractures. The claims are pending for further development.

The Veteran's claims for higher disability ratings for his service-connected spinal stenosis with degenerative disc disease L4-L5 lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are being remanded due to a lack of recent medical records and the need for further examination.

The Veteran's claim for an earlier effective date for the grant of service connection for unspecified depressive disorder was denied. The Board found no evidence indicating that the Veteran filed a claim prior to July 25, 2013, and thus could not assign an earlier effective date. For the TDIU issue, the Board determined that there was at least equipoise evidence showing that the Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment prior to February 27, 2019.

The Board denied service connection for arthritis of the low back, sciatica of the left lower extremity, and sciatica of the right lower extremity. The Veteran's arthritis of the low back was not shown as chronic in service or within a presumptive period, did not manifest to a compensable degree within a presumptive period, and was not noted in service with attributable continuity of symptomatology.,The Board denied service connection for sciatica of the left lower extremity. The Veteran's pre-service treatment records are silent for symptoms, diagnosis, or treatment of this condition.

The Board denied service connection for a traumatic brain injury, chronic headache disorder, and right lower extremity radiculopathy as there was no evidence of these conditions during or after the Veteran's active service.

The Board has remanded the case due to the need for a new examination to assess the current severity of the Veteran's spine disorder and bilateral lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for a new VA examination. The issues include lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.

The Veteran's right lower extremity radiculopathy was rated at a 10 percent disability rating from September 18, 2012 to April 22, 2019. Since April 23, 2019, the Veteran is entitled to a 30 percent disability rating for his right lower extremity radiculopathy.

The Veteran's claims for increased ratings of DDD, lumbar spine and radiculopathy left lower extremity were denied. The case was remanded for further action on the remaining issues.

The Board has remanded the claims for service connection for low back disability and bilateral lower extremity radiculopathy due to unclear medical opinions and potential onset of disabilities during the Veteran's dishonorable period of service.

The Board has decided that the Veteran's low back disorder, including L5-S1 disc space narrowing and radiculopathy, is related to his active duty service. However, due to insufficient evidence in the record, a new VA examination is required to determine the etiology of these conditions.

The Board has granted service connection for a low back condition, a low back scar, and bilateral lower extremity radiculopathy. The decision also grants the reopening of the previously denied claim for a low back condition.

The Veteran is granted a higher initial rating of 40 percent for lumbar degenerative disease prior to December 23, 2014. The issue of entitlement to TDIU prior to July 4, 2014 is remanded due to the need for clarification regarding the Veteran's income and employment status during that period.

The Veteran's appeal for an increased rating for RLE radiculopathy and lumbar spine disability has been remanded due to inadequate reasons and bases in the previous decision.,The TDIU claim is also remanded as it is intertwined with the evaluation of the orthopedic symptoms of the Veteran’s low back disability.

The Board denied the Veteran's claim for service connection for a right hip disorder as secondary to his service-connected back disability due to lack of evidence supporting a causal link between the two conditions.

The Veteran's lumbosacral strain is rated at 40 percent, effective from the date of the decision. The radiculopathy claims for right lower extremity sciatic nerve and femoral nerve are remanded due to insufficient evidence.

The Veteran's sciatic nerve and knee disabilities were denied increased ratings. The Veteran was granted a total rating for his right knee replacement effective February 14, 2019.

The Board has remanded the claims for service connection for a back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to potential secondary relationship. The Veteran's bilateral hearing loss claim is denied.