Radiculopathy & sciatica decisions — 2020

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that his current diagnoses are related to in-service back injuries. The Board also remanded the issue of secondary service connection for sciatica.

The Board denied the Veteran's claims of service connection for various conditions, including a right leg condition (now claimed as radiculopathy), left leg condition (now claimed as radiculopathy), neck condition, back condition, and breathing condition. The evidence did not support a finding that these conditions were related to active service.

The Board has determined that further development is needed for the Veteran's claims of service connection for various conditions, including bilateral hearing loss and tinnitus, acne vulgaris, cervical spine disability, left ankle disability, low back disability, radiculopathy, and obstructive pulmonary disease or asthma. The claims are being remanded to obtain additional medical opinions and evidence.

The Veteran's service connection for fatty liver disease was withdrawn. He received a grant of a 40 percent rating for skin sores, effective from April 29, 2014 to February 2017, and granted TDIU during this period. The Veteran’s skin sores, cervical spine strain, and right upper extremity radiculopathy were remanded for further evaluation.

The Board dismissed the appeals for back disability, radiculopathy of the left lower extremity, and hypertension as the Veteran's authorized representative requested withdrawal of the appeal.

The Veteran's radiculopathy of the lower left extremity has been granted a 20 percent rating effective April 10, 2014. The Board finds that additional development is needed for his other service-connected disabilities as their severity may impact the ratings assigned.

The Board denied service connection for a disability of the feet and/or legs, including tinea pedis (athlete’s foot) and residuals of frostbite. The Board also denied service connection for a respiratory/lung disability due to asbestos exposure during service.

The Board has granted the Veteran's claim for service connection for sleep apnea syndrome with CPAP, finding that it is at least as likely as not caused by his service-connected conditions.

The Board has ordered a remand to obtain updated VA treatment records and to schedule the Veteran for a VA examination to assess his need for aid and attendance or housebound status due to his service-connected disabilities.

The Veteran's left lower extremity radiculopathy was granted an increased rating from 20% to 40% effective June 18, 2007. The rating was then raised to 80% effective August 6, 2013.

The Veteran's service connection claims for degenerative disc disease of the lumbar spine, and bilateral lower extremity radiculopathy are granted. The right ankle sprain claim is remanded for further examination.

The Veteran's effective date for the initial 40 percent rating for right upper extremity cervical radiculopathy was denied as no communication from the Veteran or his representative indicated a formal claim prior to December 22, 2016.,The Veteran's effective date for the increased rating of left upper extremity cervical radiculopathy was also denied due to lack of any indication of intent to file a claim before December 22, 2016.

The Veteran's claim for service connection for disability manifested by bilateral foot and toe pain is denied. The Veteran's bipolar disorder is granted, but a psychiatric disorder other than PTSD and bipolar disorder remains denied. Service connection for left lower extremity neuropathy is granted with an increased rating to 70 percent. A TDIU is granted.

The Board has determined that the evidence is in equipoise regarding whether service-connected disability substantially contributed to the Veteran's death from an automobile accident. Therefore, the claim for service connection for the cause of death is granted.

The Veteran's claims for increased ratings for lumbar spine disability and left T12-L1 thoracolumbar radiculopathy were denied. The Board found that the evidence did not meet the criteria for higher ratings than assigned.

The Board denied the Veteran's claim for service connection for right hip disability, finding that there is no current diagnosis of trochanteric bursitis and concluding that the Veteran does not have a present disability of the right hip.

For the period from July 21, 2014 to May 3, 2015, a disability rating of 40 percent for degenerative disc disease of the lumbar spine is granted.,Since September 30, 2009, the Veteran's back disability has not met or approximated criteria for a higher rating.

The Veteran's thalassemia trait, patellofemoral syndrome of the right knee, patellofemoral syndrome of the left knee, and left lower extremity radiculopathy are all service-connected. However, a rating in excess of 10 percent is denied for each condition except tinea versicolor which receives a 10% rating.

The Veteran's service connection claims for DDD of the lumbar spine, arthritis of the right knee, and bilateral lower extremity radiculopathy (claimed as bilateral hip disability) have all been granted.,Service connection has been established for DDD of the lumbar spine, arthritis of the right knee, and bilateral lower extremity radiculopathy due to service-connected DDD of the lumbar spine.

The Board has decided to remand the case due to new evidence submitted by the Veteran, and it will be reviewed again by the agency of original jurisdiction (AOJ).