Radiculopathy & sciatica decisions — 2020

The Veteran's claims for service connection were granted with effective dates of October 12, 2016. The initial ratings assigned are 20% for right and left lower extremity radiculopathy.,Effective dates earlier than October 12, 2016 were denied for the grant of service connection for sacralization L5, gastroesophageal reflux disease (GERD), and migraines.

The Veteran's appeal for increased ratings for various diabetic complications has been dismissed due to his death.

The Board denied the Veteran's claims for increased ratings for hypertension, low back disability, PTSD, left lower extremity radiculopathy, left knee disability, right knee disability, and low back scar. The effective date for the grant of service connection for a left knee scar was also denied.

The Veteran's claims for service connection for a left foot injury and fibromyalgia were denied. The effective dates for the grants of service connection for left elbow forearm supination and right elbow forearm supination have been advanced to December 13, 2016.,Service connection was granted for radiculopathy of both legs as secondary to a lumbar spine disorder.

The VA denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and TDIU due to his left hip arthroplasty, finding no evidence of negligence or carelessness on the part of VA in causing his symptoms.

The Veteran's right knee disorder, cutis laxa, and radiculopathy of the lower extremities have been granted service connection. The breast disorder is denied. Service connection for cutis laxa has also been granted with an effective date of November 6, 2013.

The Veteran's claims for increased evaluations of his lumbosacral strain, right and left lower extremity radiculopathy disabilities are denied. The claim for TDIU prior to March 15, 2016 is also denied.

The Veteran's increased evaluations for his back disability, left and right lower extremity radiculopathy, and heart disability have been denied.,Service connection for tinnitus has also been denied.

The Veteran's left lower extremity sciatic radiculopathy is granted a 40 percent rating through January 28, 2019. A higher rating for this condition is denied since January 29, 2019. The Veteran's left lower extremity femoral radiculopathy is granted a 30 percent rating through January 28, 2019. A higher rating for this condition is also denied since January 29, 2019.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Board has dismissed the appeals for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine, a rating in excess of 10 percent for left lower extremity radiculopathy, and an effective date earlier than September 30, 2015 for the grant of service connection for left lower extremity radiculopathy as requested by the Veteran's representative.

The Board has remanded the claims for diabetes mellitus, migraine headaches, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity due to a lack of supporting evidence in developing the Veteran's claim.

The Veteran withdrew his appeals regarding increased ratings for lumbar strain with degenerative arthritis, left knee internal derangement, and left lower extremity radiculopathy.

The Board has granted service connection for tinnitus, low back condition with sciatica, neck condition, adjustment disorder, and Raynaud’s syndrome. Service connection is denied for cellulitis, left knee condition, left hip condition, and right knee injury.,The Veteran's claims for service connection are remanded for a VA examination to determine the nature and etiology of his right knee condition.

The Board has dismissed the Veteran's appeals for service connection of abdominal aortic aneurysm and renal mass, as well as his claims for higher ratings on several other disabilities. The remaining issues have been remanded for further development.

The claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is denied because the Veteran did not meet the criteria of being continuously rated totally disabled for at least 10 years immediately preceding his death.

The Veteran's claim for an increased rating for degenerative disc disease L4-5 and L5-S1 was denied as his disability does not more nearly approximate the criteria for a higher evaluation.

The Veteran's increased rating claim for lumbar spine disability and TDIU claim were both denied. The Board found that the evidence did not support a higher rating for the lumbar spine disability, as there was no unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Veteran's appeals for increased ratings of PTSD, TDIU, Degenerative Disc and Joint Disease, and Radiculopathy were dismissed as the Veteran withdrew these appeals at a Board hearing.

The Board has remanded several issues related to the Veteran's service connection claims, including back disability, radiculopathy of the lower extremities, pes planus, right and left ankle disabilities, sinusitis, asthma, and an acquired psychiatric disability. The remand requires obtaining additional medical records and opinions regarding these conditions.