Radiculopathy & sciatica decisions — 2019

The Veteran is entitled to a TDIU effective from November 3, 2012 until February 15, 2017 due to his service-connected disabilities.

The Board denied increased ratings for right and left leg radiculopathy, finding the evidence did not support a higher rating.

The Veteran's degenerative disc disease and degenerative joint disease of the cervical spine, thrombocytopenia, headache disability (secondary to cervical radiculopathy), and cervical radiculopathy of the right upper extremity are all granted as service connected.,Service connection is established for these conditions based on their direct relationship to service.

The Board denied service connection for a lower back disability and bilateral lower extremity radiculopathy as secondary to the Veteran's lumbar spine disability, finding that there was no evidence of an in-service injury or disease related to these conditions.

The Board has remanded several issues related to service connection, including for mid back pain with osteoporosis and lower back pain with osteoporosis, bilateral hearing loss, cystocele surgery scar complications, periodic limb movement disorder of the right and left lower extremities, and sciatica. The Veteran's examinations were cancelled due to scheduling conflicts, and she has shown good cause.

The Veteran's lumbar spine disability and left lower extremity radiculopathy are being remanded for additional examinations to assess the severity of his conditions, as well as any additional disabilities associated with these service-connected conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions regarding his cervical spine, thoracolumbar spine, and left extremity radiculopathy conditions.

The Veteran's appeal was denied for ratings higher than the current assigned ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Veteran's TDIU was granted with an effective date of June 11, 2011 or the date following his last day of employment. The Board found that he could not secure and maintain substantially gainful employment due to service-connected disabilities.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable DCs.

The Veteran's appeal for service connection for a left ankle disability was withdrawn by the Veteran during his October 2018 Board hearing.,Service connection for low back disability, including degenerative disease, is denied as there is no evidence of chronicity in service or within the applicable presumptive period.

The Veteran's increased rating claim for lumbosacral strain is being remanded due to the need for a further medical opinion regarding his other back conditions and their relationship to service-connected lumbosacral strain.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lower back condition and left lower extremity radiculopathy, as well as his claim for TDIU. The Veteran will need to undergo a new VA examination to assess the severity of these conditions.

The Board denied the Veteran's claims for service connection for erectile dysfunction and sciatic pain as secondary to a low back disorder, finding no evidence of these conditions in service or related to service-connected disability. Service connection was also denied for a low back disorder due to lack of medical nexus.

The Veteran's claims for higher initial ratings and TDIU are being remanded due to the need for additional examinations. The issues of service connection for low back disability, left and right lower extremity radiculopathy, and psychiatric disability (depression) remain unresolved.

The Veteran's lumbar spine and left leg radiculopathy disabilities are currently rated at 10 percent, which is the maximum rating available under VA regulations.,PTSD was initially rated at 50 percent prior to March 13, 2017, but this rating has been denied as it does not meet the criteria for a higher rating. After March 13, 2017, PTSD is rated at 70 percent, which is also the maximum available under VA regulations.,The Veteran's service-connected disabilities do not preclude him from obtaining or following substantially gainful employment.

The Veteran's right-sided radiculopathy and lumbar spine degenerative disc disease have been rated at 40 percent each, resulting in a combined rating of 80 percent. The Board has granted an initial 40 percent rating for right-sided radiculopathy since January 25, 2019, effective from March 1, 2008.

The Board has denied the Veteran's claims for service connection for residuals of an injury to his left ring finger, right ankle, bilateral arm numbness, and bilateral lower extremity sciatica as there is no evidence of a current disability or any link between these conditions and service.

The Veteran's back disability and bilateral lower extremity radiculopathy are remanded for further evaluation due to evidence indicating the conditions may be worse than indicated in his previous VA examination.

The Board has remanded the claim for service connection for a lumbar spine disorder secondary to diabetes mellitus due to insufficient opinion regarding whether any aspect of the Veteran's service-connected diabetes may have aggravated his lumbar spine disability.