Radiculopathy & sciatica decisions — 2020

The Veteran's claim for service connection for tension headaches was granted with a December 31, 2014 effective date.,Service connection for left upper extremity radiculopathy and painful scars on the left shoulder were both granted with March 6, 2013 effective dates.

The Veteran's migraine headaches are now rated at 50% effective March 22, 2018.,Service connection for left and right lower extremity radiculopathy is granted as secondary to service-connected lumbar spine disability.

The Board denied service connection for degenerative arthritis of the cervical spine with spinal stenosis and IVDS, as well as left upper extremity radiculopathy secondary to a cervical spine disorder. The Veteran's symptoms were not related to military service.,Service connection for diabetes mellitus type II was also denied due to lack of evidence of current disability or in-service occurrence.

The Veteran's claims for higher ratings of his service-connected lumbar spine disability and radiculopathy, left lower extremity are remanded due to the incorrect application of rating criteria. The TDIU claim is also remanded.

The Veteran's claim for increased rating of her low back disability was granted with an effective date of July 26, 2013. The Veteran received a 10 percent rating from July 26, 2013 to June 11, 2015 and the issue is now remanded for further review.

The Veteran's lumbar spine disorder was granted a 40 percent disability rating from January 28, 2005 to December 14, 2005. The claim for an increased rating is denied as of June 1, 2006.

The Veteran's increased rating claim for his lumbar spine disability is denied as there is no evidence of ankylosis or incapacitating episodes.,Service connection for GERD was denied because the medical records do not show a diagnosis within one year of separation from service and there is no competent medical opinion linking it to service or a service-connected condition.

The Board has granted service connection for cervical and lumbar spine degenerative diseases, as well as right and left lower extremity radiculopathies, all of which are found to be related to the Veteran's military service. The decision is based on medical opinions linking these conditions to his service.

The Veteran's service-connected disabilities, including his back and knee conditions, have rendered him unable to secure or follow a substantially gainful occupation for the period on appeal.

The Board dismissed all claims for service connection and increased rating, as the Veteran's attorney requested withdrawal of all claims.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, and the Board has remanded this issue for further development.,Right leg lumbar radiculopathy of the sciatic nerve is currently rated at 20 percent, and the Board has also remanded this issue.

The Veteran's TDIU claim is dismissed for the period prior to January 17, 2017 due to his already receiving SMC based on housebound status. The case is remanded for consideration of an extraschedular TDIU on behalf of the Veteran from January 17, 2017.

The Board denied service connection for right ear hearing loss, tinnitus, back disability, radiculopathy of the left leg, radiculopathy of the right leg, erectile dysfunction (ED), and a disability manifested by frequent urination.

The Board dismissed the Veteran's appeals for higher ratings and service connection due to her requests for withdrawal of her claims, except for a remand for further review on some issues.

The Veteran's lumbar spondylosis with arthritis is rated at 20 percent from April 30, 2012 and remanded for further examination.,Right lower extremity radiculopathy (sciatic nerve) associated with lumbar spondylosis with arthritis is rated at 10 percent from April 30, 2012 to December 19, 2019 and remanded for further examination.,Right lower extremity radiculopathy (femoral nerve) associated with lumbar spondylosis with arthritis is rated at 20 percent from December 20, 2019 and remanded for further examination.,Left lower extremity radiculopathy (sciatic nerve) associated with lumbar spondylosis with arthritis is rated at 10 percent from April 30, 2012 to December 19, 2019 and remanded for further examination.,Left lower extremity radiculopathy (femoral nerve) associated with lumbar spondylosis with arthritis is rated at 20 percent from December 20, 2019 and remanded for further examination.

The Veteran's left and right lower extremity peripheral neuropathy with involvement of the sciatic nerve have been granted a rating of 60 percent, effective from April 18, 2019.

The Board has remanded the claims for service connection due to insufficient evidence and unclear etiology. The Veteran's lumbar and cervical spine disabilities, as well as his peripheral neuropathy, are presumed to be related to Agent Orange exposure in Vietnam.

The Board has remanded the Veteran's claims of higher staged ratings for degenerative arthritis of the spine, right-sided sciatica, and left-sided sciatica due to a lack of adequate reasons and bases in the previous decision. The Board found that a VA examination is necessary before these matters can be adjudicated on the merits.

The Board has remanded the Veteran's claims for increased ratings for left lower extremity radiculopathy and intervertebral disc syndrome with spondylosis of L5 and spondylolisthesis due to inadequate examinations. The Veteran needs a new VA examination to address his current disability levels.

The Board has determined that the Veteran's lumbar spine disability, diagnosed as degenerative arthritis of the spine and radiculopathy, is service-connected. However, his eye disability, believed to be related to chemical/smoke exposure during service in Vietnam, has not been established as service-connected.