Radiculopathy & sciatica decisions — 2019

The Veteran's OSA is granted as secondary to pain from her service-connected disabilities. The Veteran's depression, migraine headaches, and thoracolumbar strain with IVDS are all found to be proximately due to her service-connected conditions. The Veteran's tinnitus claim is denied. Other claims for increased ratings have been decided in favor of the Veteran.

The Veteran's current diagnoses of degenerative disc disease (DDD) of his cervical spine and associated radiculopathy of the left upper extremity are granted as service connected.

The Board granted a 40 percent rating for lumbago and herniated disc with degenerative disc disease (L4-5 lumbar spine disability) from May 6, 2016. The right lower extremity radiculopathy was denied.

The Board dismissed the appeals for increased ratings of left elbow epicondylitis and remanded the service connection claim for right lower extremity radiculopathy.

The Board denied service connection for low back disability, sinus disability, IBS, acid reflux, headache disability, and sciatica as they were not shown to be related to service.,Service connection was also denied for a right arm disability.

The Veteran's tinnitus, bilateral hearing loss, low back disability, right lower extremity radiculopathy, and GERD have been granted service connection. The right ankle disability has not met the criteria for service connection.

The Board has remanded both claims for service connection due to the need for additional evidence and a new examination. The low back disability claim is related to INACDUTRA on March 13, 2016, while the sciatica claim must be considered in light of the current status of the low back disability claim.

The Board has remanded the claims for service connection due to new evidence of worsening symptoms and potential misdiagnoses. The Veteran's right leg disability, neurological conditions in both arms, and left ankle condition are being evaluated further.

The appeal for a rating in excess of 10 percent for the left knee condition is dismissed.,An initial 20 percent rating, prior to February 9, 2017, and a 40 percent rating, effective from February 9, 2017, are granted for chronic mild DJD and DDD of the lumbar spine. The appeal for a higher rating is denied.,A 30 percent rating for radiculopathy of the left upper extremity is granted.

The Veteran's claims of service connection for various conditions, including asbestos exposure, low back disability, sciatic nerve impingement, cervical spondylitis, sarcoidosis, diabetes, hypertension, and migraine headaches are being remanded due to the need for additional medical examinations and opinions.

The Board has denied the Veteran's claims for service connection for various disabilities, including a neck disability, sciatica of the left leg, muscle twitching, bilateral hand numbness, and right lower extremity numbness. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Veteran's appeal is remanded for additional examinations and evaluations due to the possibility of worsening of his service-connected disabilities.

The Veteran's claims for service connection and increased ratings have been granted. The cervical spine disability, bilateral upper extremity neuropathy, and radiculopathy of the lower extremities are all reopened. However, initial rating increases in excess of 10 percent prior to June 11, 2010, and in excess of 20 percent thereafter for radiculopathy of the left and right lower extremities have been denied.

The Veteran's initial ratings for degenerative disc disease of lumbar spine and left lower extremity sciatica are being remanded due to incomplete VA examination reports, lack of Social Security Administration records, and the need for a new VA spine examination.

The Veteran's cervical spondylosis status post-surgery is granted a 30 percent evaluation, effective from the entire appeal period. The Veteran’s benign paroxysmal positional vertigo and hypertension are denied evaluations greater than 10 percent. The Veteran's radiculopathy of the left upper extremity (prior to October 15, 2018) is granted a 30 percent evaluation, effective from that date. The Veteran's radiculopathy of the right upper extremity (prior to October 15, 2018) and unspecified anxiety disorder with other specified insomnia are denied evaluations greater than 20 percent.

The Veteran withdrew her appeals for all issues related to her service-connected conditions, including evaluations for degenerative joint disease of the lumbar spine, radiculopathy of the sciatic and femoral nerves in both lower extremities, and acne. As a result, the Board dismissed these claims.

The Veteran's claim for an effective date earlier than May 31, 2015 for service-connected disorders was denied. The Board found that the Veteran did not submit a timely application for benefits prior to his discharge from active duty on May 30, 2015.

The Veteran's claims for service connection for degenerative arthritis of the lumbar spine and lumbar radiculopathy of the bilateral lower extremities have been granted. The Board found that there was a causal relationship between the Veteran's in-service injuries and his current disabilities.

The Board denied service connection for right shoulder degenerative changes, hypertension, peripheral neuropathy of the left lower extremity, and right leg sciatic condition and peripheral neuropathy (claimed as right leg nerve damage) due to lack of evidence linking these conditions to active military service.,Agent Orange exposure is conceded, but there is no evidence that peripheral neuropathy was diagnosed within one year after discharge from service.

The Veteran's lumbar spine intervertebral disc syndrome is rated at 20 percent prior to September 8, 2018 and from that date onwards. The left lower extremity radiculopathy is rated at 10 percent. Service connection for right ear hearing loss and tinnitus has been reopened but denied.