Radiculopathy & sciatica decisions — 2019

The Veteran's appeal for a higher disability rating for radiculopathy of the right lower extremity is remanded due to incomplete medical records and need for updated treatment evaluations.

The Veteran's degenerative arthritis of the thoracolumbar spine is granted as service connected.,The Veteran's left and right lower extremity radiculopathy are secondary to his now service-connected degenerative arthritis of the thoracolumbar spine. ,The Veteran's prostate cancer is presumed to be due to herbicide exposure in service, and his erectile dysfunction is also service connected as it is secondary to his prostate cancer.,Service connection for a right knee disability and left knee disability are remanded.

The Veteran's DDD of the lumbar spine and associated radiculopathy have been rated at 10% prior to December 22, 2017, and at 40% thereafter. The claim for TDIU has been denied prior to December 22, 2017, but granted from that date.

The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence or further clarification is needed.

The Veteran's TDIU claim was denied because he failed to report for a VA examination without good cause, and the Board found that entitlement could not be established in this case without current VA examinations.

The Veteran's acquired psychiatric disability, radiculopathy of the lower extremities, and gastrointestinal disorder are all granted as service-connected. The claims for fibromyalgia and memory loss have been remanded.

The Veteran's claim for service connection for rheumatoid arthritis was denied as there is no evidence of a current disability and the STRs are negative for any mention or treatment related to this condition.,Service connection for a back condition, secondary to a left knee condition, was not reopened due to lack of new and material evidence. The Veteran's claim remains denied.,The Veteran's claim for service connection for headaches was denied as there is no evidence showing that the condition occurred during or within one year after service.,Service connection for left lower extremity radiculopathy was denied as there is no evidence showing a current disability and the STRs are negative for any mention of this condition.,Service connection for right lower extremity radiculopathy was denied as there is no evidence showing a current disability and the STRs are negative for any mention of this condition.,The Veteran's claim for service connection for erectile dysfunction was denied as there is no direct evidence linking it to service or a service-connected condition.

The Board has remanded the cases due to insufficient evidence regarding the Veteran's service connection claims, particularly concerning her Air National Guard and Reserve service periods.

The Veteran's claims for higher disability ratings are being remanded as the evidence does not support an earlier effective date.,The Veteran's claims for higher disability ratings are also being remanded due to insufficient medical records.

The Board has dismissed the Veteran's appeal for service connection of erectile dysfunction. The claim for right lower extremity radiculopathy is denied, and the claim for cervical spine strain as secondary to degenerative disc disease of the lumbar spine is granted.

The Board denied the Veteran's claims for service connection for various conditions, including right total knee replacement, left shoulder disability, lumbar spine disability, and bilateral leg disabilities. The Board found that there was no evidence of a nexus between these conditions and active service.

The Veteran's hypertension is denied as there is no evidence showing it began during service or is related to an in-service injury.,The Veteran's residuals of a traumatic brain injury with memory loss are denied due to lack of evidence of such condition.,The Veteran's diabetes mellitus, type II with erectile dysfunction is rated at 20 percent and the claim for higher ratings remains pending.,The Veteran's peripheral neuropathy of the left upper extremity is not entitled to a rating in excess of 30 percent.,The Veteran's peripheral neuropathy of the right upper extremity is not entitled to a rating in excess of 30 percent.,The Veteran's peripheral neuropathy of the right lower extremity, sciatic nerve is not entitled to a rating in excess of 20 percent.,The Veteran's peripheral neuropathy of the left lower extremity, femoral nerve is not entitled to a rating in excess of 20 percent.,The Veteran's peripheral neuropathy of the left lower extremity, sciatic nerve is not entitled to a rating in excess of 10 percent.

The Veteran's left lower extremity radiculopathy rating was reduced from 20 percent to 10 percent, effective July 1, 2017. The Board found that the reduction was improper and restored the original 20 percent rating.

The Board denied the Veteran's claims for clothing allowances for bilateral leg braces and forearm crutches, finding that VA did not issue them in connection with service-connected disabilities.

The Veteran's PTSD is granted a 100% rating, and the claims for lumbar spine radiculopathy and cervical spine radiculopathy are remanded.

The Board has granted the Veteran's claim for an effective date of November 4, 2008, for his service connection for right upper extremity radiculopathy, left upper extremity radiculopathy, and right lower extremity radiculopathy. The effective date is based on the date he filed his original claims for service connection for a neck condition and service connection for a lumbar spine condition.

The Veteran's right and left lower extremity radiculopathy were granted a 10 percent rating prior to December 14, 2015. The decision is based on the Veteran's complaints of low back pain radiating into both buttocks.

The Veteran's service connection claims for an acquired psychiatric disability, neck disability, and radiculopathy of the bilateral upper and lower extremities are being remanded due to insufficient evidence regarding their etiology.,Specifically, the Board is seeking additional medical opinions on whether these conditions are related to the Veteran's military service.

The Board has dismissed all five issues of increased ratings for the Veteran's service-connected conditions as the Veteran withdrew his appeal prior to a decision being made.