Radiculopathy & sciatica decisions — 2019

The Board has determined that the reduction of the Veteran’s 40 percent rating for a lumbar spine disability from April 11, 2016, to October 10, 2018, was improper and the 40 percent rating should be restored. The case is being remanded to obtain additional medical records and issue a supplemental statement of the case.

The Veteran's claims for increase ratings in Meniere’s syndrome and depressive disorder have been withdrawn.,The issues of service connection for colitis, TDIU from December 1, 2012 to August 4, 2016, and the remaining appeal are remanded.

The Veteran's application to reopen the previously denied claims for service connection for lumbosacral strain with degenerative disc disease and radiculopathy, as well as tinnitus, was granted.,The claim of entitlement to service connection for PTSD remains pending.

The Veteran's symptomatic lower back with osteoarthritis is rated at 40 percent from October 27, 2010. Separate ratings of 10 percent are granted for right and left lower extremity radiculopathy since September 15, 2016. A TDIU is granted from September 19, 2016.

The Board has remanded the Veteran's claims for higher evaluations due to new evidence indicating worsening of his conditions.

The Veteran's claim for a higher rating for his service-connected low back strain with DJD was denied, as the evidence did not show symptoms or functional impairment that resulted in unfavorable ankylosis or incapacitating episodes.,The Veteran's claims for increased ratings for sciatic radiculopathy affecting both lower extremities were also denied.

The Board has remanded the claims for an effective date earlier than March 7, 2012 for service connection of left and right lower extremity radiculopathy. The Veteran's lumbar spine disability and left knee disabilities are also being remanded due to inadequate examination reports.

The Veteran withdrew his appeals for increased ratings of his right knee and right sciatica conditions before the Board could make a decision.

The Board has denied service connection for various conditions, including bilateral shoulder disorder, bilateral hip disorder, radiculopathy of the left lower extremity, and bilateral foot disorder (claimed as pes planus), due to lack of current diagnoses or evidence of such conditions during the appeal period.

The Veteran’s appeal is remanded due to the need for further examination and evaluation of his service-connected conditions, as well as additional evidence regarding his claims. The appeals are not related to a presumption or exposure basis.

The Veteran's claims for service connection for left and right lower extremity neuropathy and radiculopathy for sciatic nerve were denied as there was no evidence of a current disability or in-service injury that could be linked to the conditions.

The Board dismissed the claims for service connection of ankylosing spondylitis, bilateral hip degenerative joint disease, a bilateral eye disability, psoriasis, a cervical spine disability, and bilateral upper extremity radiculopathy as these issues have been rendered moot due to their resolution in favor of the Veteran. The claim for service connection of degenerative joint disease of the right foot was granted on a secondary basis.

The Board has granted service connection for low back disorders, sciatica of the bilateral lower extremities, insomnia (claimed as a sleep disorder), and an acquired psychiatric disorder. The conditions are found to be related to service or secondary to other service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities meet the threshold schedular TDIU criteria and have resolved all doubt in favor of the claim, granting a TDIU.

The Veteran's claim for a rating in excess of 10 percent for left lower extremity radiculopathy is denied. The 40 percent rating for low back strain with straightened lordosis, herniated disc, and residual scar must be restored.

The Veteran's back disability is currently rated at 20 percent, and the appeal for a higher rating has been denied.,Both lower extremity radiculopathies are currently rated at 20 percent, and the appeals for higher ratings have also been denied.

The Veteran's claims for service connection have been granted. The Board has also remanded the issues of whether her low back pain, cervical spine condition, and right sciatic nerve damage are related to her active duty service.

The Board denied the Veteran's claim for service connection for left lower extremity intermittent radiculopathy, finding that there is no current disability and the evidence does not support a secondary service connection.

The Veteran's TBI claim is denied as there is no current diagnosis and the evidence does not support a finding that it began during service.,Service connection for cervical spine degenerative disc disease is denied due to lack of in-service injury or disease, and no causal relationship to service has been established.,Left shoulder degenerative joint disease was also denied as there is no in-service injury or disease, and the Veteran's current condition does not appear related to service.,Lumbar spine degenerative disc disease was denied due to lack of an in-service injury or disease, and the evidence does not support a finding that it began during service.,Radiculopathy associated with lumbar spine degenerative disc disease is also denied as there is no direct service connection.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected conditions and his current right lower extremity radiculopathy.