Radiculopathy & sciatica decisions — 2020

The Board has remanded the claims for service connection for a spine condition manifesting in back pain, including fibromyalgia and degenerative arthritis, paralysis of the sciatic nerve of both lower extremities, major depressive disorder, and posttraumatic stress disorder (PTSD).,The remaining issues have been denied due to insufficient evidence or lack of nexus between service and current conditions.

The Veteran's right ear hearing loss is granted as service-connected.,Service connection for the Veteran's right hip disability and left hip disability is denied.

The Board has granted service connection for the veteran's lumbar spine disability and radiculopathies effective November 30, 2018.

The Veteran's appeal for increased evaluations and service connection was denied. His left hip disability, bilateral upper extremity radiculopathy, and right shoulder pain were all found to not meet the criteria for higher ratings or service connection.

The Board has remanded three issues: increased ratings for residuals of a gunshot wound to the left upper extremity, greater ratings for back disability and bilateral radiculopathy of the lower extremities. The Veteran is required to be examined again to assess his current severity and all manifestations of these conditions.

The Veteran's appeals for increased ratings and TDIU were denied. The right lower extremity radiculopathy, ilio-inguinal nerve neuritis, headaches, and tinnitus have been rated based on their severity under the applicable diagnostic codes.

The Veteran's sciatic neuropathy of both lower extremities is currently rated as 10 percent disabling. The Board has remanded the case for further development and re-adjudication.

The Board denied service connection for a cervical spine disability, urinary incontinence, bilateral lower extremity peripheral neuropathy and radiculopathy, depression, and residuals of traumatic brain injury (TBI).,Service connection was not granted as the Veteran's current disabilities are not related to his military service.

The Veteran's claims for increased ratings and earlier effective dates for his service-connected conditions have been denied.,Specifically, the Veteran's claim for a higher rating for degenerative disc disease and disc bulge of the lumbar spine has not met the criteria for such an increase.,His claim for right lower extremity radiculopathy was also denied as it did not meet the required criteria for a higher rating.,The left lower extremity radiculopathy claim was similarly denied, with no higher rating being warranted.,Finally, his claim for vertigo was denied, and an earlier effective date prior to December 26, 2006, was also denied.

The Veteran's service connection claims for ischemic heart disease, prostate cancer, low back disability with radiculopathy, testicular hypogonadism, and depressive disorder have been granted due to exposure to herbicide agents during his service at U-Tapao Royal Thai Air Force Base.,Service connection has also been denied for bilateral cataracts.

The Veteran's right lower extremity radiculopathy is rated at 10 percent, and her left lower extremity radiculopathy is rated at 20 percent. The lumbar spine disability remains remanded for further examination.,An initial rating in excess of 20 percent for degenerative arthritis of the lumbar spine is not granted.

The Veteran's claims for increased ratings for his service-connected left upper extremity peripheral neuropathy (median), right upper extremity peripheral neuropathy (median), left lower extremity peripheral neuropathy (sciatic), and right lower extremity peripheral neuropathy (sciatic) have been granted. The Veteran is now rated at 20 percent for each of the four conditions, with no higher ratings.

The Board denied service connection for DJD of the left knee, degenerative arthritis and IVDS of the cervical spine, and radiculopathy of the upper extremities (claimed as median neuritis) as these conditions are not found to be directly or secondary to a service-connected disability.,Specifically, the Board determined that there is no evidence linking the Veteran's left knee DJD, cervical spine degenerative arthritis and IVDS, or radiculopathy of the upper extremities (claimed as median neuritis) to his service-connected disabilities.

The Board has granted effective dates of December 18, 2017 for the awards of service connection for bilateral hearing loss and right upper extremity radiculopathy. The Veteran's claims were reopened on new evidence received after his initial claim in 2008.

The Veteran's petition to reopen his claim of service connection for a cervical spine disorder has been granted. The case is remanded for further examination and opinion regarding the nature and etiology of any cervical spine disorder and associated radiculopathies.

The Veteran seeks TDIU from August 1, 2011 to January 28, 2015 based on service-connected disabilities. However, the combined rating of these conditions does not meet the criteria for TDIU under 38 C.F.R. § 4.16(a). The case is therefore remanded for referral to the VA Director of Compensation and Pension Service for consideration under 38 C.F.R. § 4.16(b).

The Board has remanded the cases due to non-compliance with previous directives regarding service connection for thoracolumbar spine and right hip disabilities. The claims are now pending again.

The Board has remanded the claims for service connection due to issues related to neck condition, left lower extremity radiculopathy, and left ankle disorder. The Veteran's attorney requested separate ratings for PTSD with TBI based on symptoms that could be differentiated.

The Board has determined that the Veteran's claims for higher ratings in several service-connected disabilities, including bilateral hip disabilities, degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, sensorineural hearing loss of the right ear, and adjustment disorder with depressed mood, require additional evidence. The Veteran is to be scheduled for examinations to determine the current severity of his service-connected conditions.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and right lower extremity radiculopathy, rendered him unable to secure and follow a substantially gainful occupation. The Board granted entitlement to a total disability rating based on individual unemployability (TDIU) due to these conditions.