Radiculopathy & sciatica decisions — 2019

The Board has remanded the issues of reducing disability ratings for service-connected intervertebral disc syndrome, upper extremity radiculopathy, and cervical spine with intervertebral disc syndrome. The issue of service connection for PTSD is also being remanded.

The Board has decided to remand the Veteran's service connection claims for lumbar spine disorder, bilateral lower extremity lumbar spine radiculopathy, cervical spine disorder, and bilateral upper extremity cervical spine radiculopathy due to lack of development regarding his reported assault during service and incomplete medical records.

The Board has remanded the cases for further development and consideration due to errors in obtaining medical records. The Veteran's claims of service connection for left lower extremity neuropathy, radiculopathy, and a lumbar myositis with HNP are now pending.

The Veteran's appeal is remanded for additional examinations to assess the severity of his service-connected low back disability and scar, as well as a TDIU claim due to his combined disability percentage. The current VA examination reports are inadequate.

The Veteran's service-connected lumbar spine disability is rated at 20 percent prior to June 20, 2018 and 40 percent from that date. The Board finds the evidence does not support a higher rating for any of his service-connected conditions.

The Veteran's claims for service connection for back injury, obstructive sleep apnea, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted. The Veteran is also awarded a 30 percent rating for his right knee osteoarthritis since December 1, 2015.

The Board has remanded the Veteran's claims for a higher rating for his service-connected spondylolysis of L5, with spondylolisthesis of L5 on S1, and left lower extremity radiculopathy prior to November 14, 2016. The issues are being remanded due to the inadequacy of a previous VA examination.

The Board has remanded the Veteran's claims for higher ratings for low back strain with degenerative disc disease and sciatica of the right lower extremity due to outstanding VA treatment records and a need for more contemporaneous medical examination.

The Veteran's claims for increased ratings for left sciatic radiculopathy, lumbar degenerative disc disease, right hammer toes, and left hammer toes were denied as the evidence did not support a higher rating based on the severity of his symptoms.

The Board has denied the Veteran's claims for service connection for left lower extremity radiculopathy and urinary disability (benign prostate hypertrophy) as secondary to his service-connected back disability. The case is remanded for further development.

The Board has remanded the cases for further examination and opinion regarding service connection for cervical radiculopathy of the upper extremities, a cervical spine disability, and sleep apnea.

The Veteran's claims for effective dates earlier than March 7, 2014 for the grants of service connection for various conditions associated with his back disability have been denied. The Board found that there was no evidence in the claims file prior to March 7, 2014 warranting an earlier effective date.,The Veteran's claim for a rating in excess of 20 percent for spinal fusion with degenerative arthritis of the spine from March 7, 2014 to December 27, 2018 has been denied. The Board found that he did not meet the criteria for such a rating.

The Board has granted the appellant's application to reopen his previously denied claim for service connection for a low back disability and has also granted him service connection for this condition. The appeal regarding service connection for a ganglion cyst in the right wrist is remanded.

The Veteran's radiculopathy of the right lower extremity is granted with a disability rating of 40 percent effective December 19, 2017. A TDIU is also granted effective December 19, 2017.,Service connection for left lower extremity radiculopathy is not addressed in this decision.

The Board has remanded the claims of service connection for carpal tunnel syndrome, sinusitis, and gastroesophageal reflux disease (GERD), as well as the claim for an initial compensable rating for tension headaches due to lack of proper consideration in prior decisions.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. Service connection for GERD and migraine/tension headaches, both secondary to PTSD with major depressive disorder, is granted.,Service connection for cervical spine degenerative joint disease, status post anterior fusion, radiculopathy right upper extremity, and right hand tremors, all claimed as secondary to PTSD with major depressive disorder, is remanded.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of in-service injury or disease and that any current disabilities did not manifest within one year of discharge.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent prior to November 17, 2017 and 40 percent thereafter. The Board finds that these ratings are appropriate based on the evidence showing a combined range of motion not greater than 120 degrees prior to November 17, 2017, and forward flexion to 20 degrees with pain on repetitive use testing as of November 17, 2017.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted, effective from July 14, 2008. The decision is based on the Veteran's service-connected disabilities and his inability to secure or follow a substantially gainful occupation.

The Board has granted service connection for sciatica of the bilateral lower extremities as secondary to service-connected degenerative disc disease of the lumbar spine. The initial rating for a lumbosacral spine disability remains denied.