Radiculopathy & sciatica decisions — 2019

The Board has remanded the Veteran's claims for hypertension, as well as his service connection claims for sciatica/bilateral leg disability and lumbar spine disability.

The Board has remanded the Veteran's claims of service connection for lumbar spine disability and lumbar radiculopathy due to a lack of VA treatment records from April 2013 and July 2013, which may contain relevant information about the Veteran's symptoms and possible nexus.

The Veteran's claims for increased ratings for lower extremity radiculopathy and service connection for a fractured nose were denied. The claim of service connection for a right leg fracture (right lateral collateral ligament sprain) was also denied. The Board found that the Veteran’s DDD of the lumbar spine warranted a 40 percent rating, but not higher. The ratings for his lower extremity radiculopathy remained at noncompensable levels until May 10, 2017, when they were increased to 20 percent. Service connection was denied for residuals of a fractured nose and service connection for the right leg fracture.

The Board has granted service connection for headaches, neck disability, low back disability, right upper extremity radiculopathy, left upper extremity radiculopathy, bilateral hip disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's claims for bilateral shin splints, lumbar spine disability, and left lower extremity radiculopathy have been denied due to lack of current diagnosis.,The Veteran's claims for effective dates earlier than December 16, 2015, for the grant of service connection for a lumbar spine disability and left lower extremity radiculopathy are also denied as there is no evidence that he filed such claims prior to this date.

The Board has determined that the Veteran was in need of regular aid and attendance due to his service-connected disabilities, including acute myeloid leukemia, spinal stenosis, lumbar radiculopathy, right knee osteoarthritis, and ulcerative colitis. As a result, SMC based on aid and attendance for accrued benefits purposes has been granted.

The Veteran's low back disability is rated at 40% from February 1, 2017. The Board found that the evidence did not support a higher rating for this period.

The Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities are remanded for further evaluation due to potential progression of his condition.

The Veteran's lumbar DDD has been granted a restoration of a 40 percent rating, effective the date of reduction.,Service connection for left lower extremity radiculopathy secondary to service-connected lumbar DDD at the L4 vertebra is granted.

The Board has remanded the case due to inextricably intertwined issues, including whether new and material evidence has been received to reopen claims for service connection for various conditions. The TDIU claim is also being reconsidered.

The Veteran's cervical spine disability is currently rated at 30 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.,The Veteran's left upper extremity radiculopathy is currently rated at 60 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.

The Veteran's spine disability was denied a higher evaluation prior to February 13, 2013 and beginning February 13, 2013.,A 10 percent evaluation for left lower extremity radiculopathy due to the femoral nerve is granted. The Veteran’s other claims are denied.,The Veteran's TDIU claim is dismissed as his PTSD alone renders the request moot.

The Veteran's postoperative IVDS and associated radiculopathy of the left lower extremity are currently rated at 40 percent. The Board has granted a higher rating for the radiculopathy, but denied an increased evaluation for the IVDS.

The Board denied service connection for a low back disability, finding that the Veteran's current condition did not have its onset in service or within one year of separation and is not related to his in-service injury.

The Veteran's service-connected disabilities, including degenerative disc and joint disease of the lumbar spine, cervical spondylosis, right shoulder osteoarthritis, bilateral radiculopathy, and right foot hammertoes, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a TDIU based on these service-connected disabilities.

The Veteran's radiculopathy of the right lower extremity was rated as 10 percent disabling prior to June 19, 2019 and from June 19, 2019. The Veteran's radiculopathy of the left lower extremity was rated as 10 percent disabling prior to August 6, 2012 and from August 6, 2012.,The Veteran is not entitled to a TDIU prior to March 19, 2016.

The Board has granted effective dates of November 23, 2007 for the Veteran's service connection for radiculopathy affecting his bilateral lower extremities.

The Veteran has withdrawn his appeals regarding increased ratings for his service-connected lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's claim for service connection for PTSD, a back disability, and other conditions has been granted with an effective date of October 29, 2012. The appeal is denied for the remaining issues.