Radiculopathy & sciatica decisions — 2021

A rating higher than 20 percent for cervical spondylitis between June 8, 2009 and January 12, 2015 is denied.,A 30 percent rating for cervical spondylitis effective from January 12, 2015 is granted.

The Board denied the Veteran's claims for service connection for lumbar spine disability and sciatica of bilateral lower extremities, finding no evidence linking these conditions to his active duty service or a service-connected condition. The Board also denied increased ratings for right shoulder and right ankle disabilities.,Service connection was not granted as the Veteran did not provide sufficient medical evidence to establish that his current lumbar spine disability or sciatica were caused by or aggravated by his military service.

The Veteran's claim for service connection for radiculopathy of the left and right lower extremities was denied.,An effective date prior to May 25, 2010 is not warranted as there is no evidence of radiculopathy in the one-year period prior to this date.

The Board has remanded the claims for further development due to unclear compliance with previous remand directives regarding VA treatment records.

The Board has remanded the case due to a need for further development, including an examination to determine if the Veteran needs aid and attendance or is housebound based on his service-connected conditions.

The Veteran's initial disability ratings for cervical radiculopathy of the left upper extremity and lumbar radiculopathy of the left lower extremity were denied. The Veteran's claim for service connection for colon cancer was also denied.

The Veteran's service-connected disabilities do not prevent him from securing or maintaining substantially gainful employment.

The Board has dismissed the appeals regarding service connection for bilateral hearing loss and tinnitus as they were granted in a previous rating decision. The claims of service connection for diabetes mellitus type II (diabetes) and bilateral lower extremity radiculopathy are denied.

The Veteran's radiculopathy of the right and left sciatic nerves associated with his service-connected degenerative disc disease of the lumbar spine is granted at a 40 percent evaluation, effective November 1, 2019.,The Veteran's initial claim for an increased rating for his degenerative disc disease of the lumbar spine was previously remanded and remains on appeal.

The Board has determined that the claims for higher ratings for lumbar disc herniation with intervertebral disc syndrome (IVDS) and right lower extremity radiculopathy, as well as the TDIU claim, are inextricably intertwined. Therefore, these issues must be remanded to allow for further development.

The Veteran's claim for SMC-AA was filed on September 11, 2006. The Board granted an effective date of September 11, 2006, but no earlier, for the award of SMC-AA.

The Veteran withdrew his appeals for all issues, including service connection for hypertension and increased ratings for low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The TDIU claim remains on appeal.

The Veteran's service connection claims for cervical spine disability, right and left upper extremity disabilities, acquired psychiatric disability (PTSD), degenerative disc disease of the lumbar spine, and radiculopathy are denied. The Veteran is granted a TDIU effective July 17, 2015.

The Veteran was granted a rating of 20 percent for cervical radiculopathy of the right upper extremity from July 10, 2006 to April 23, 2012.,From July 7, 2011 to July 13, 2016, the Veteran's left upper extremity radiculopathy was rated at 20 percent. From July 14, 2016 to June 9, 2020, it was rated noncompensable.,The Veteran's cervical spondylosis from June 7, 2011 to May 24, 2016 and August 1, 2016 to present was granted a rating of 20 percent.

The Board has remanded the issues of entitlement to an earlier effective date for service connection and a higher rating for valvular heart disease, as well as TDIU. The Veteran's claims are pending further development.

The Veteran's claims for service connection for rheumatoid arthritis, hypertension (HTN), and hypothyroidism were dismissed. The Veteran's claim for service connection for tinnitus was granted. Other claims are being remanded.

The Board has granted the Veteran's claim for service connection for hypertension as secondary to his service-connected disabilities, including degenerative arthritis of the lumbar spine with IVDS and bilateral lower extremity radiculopathy.

The Veteran's claim for an effective date earlier than September 7, 2006 for the award of service connection for degenerative arthritis of the lumbar spine with spinal stenosis was denied. The Board found that the evidence did not show the award of service connection was based all or in part on newly added service treatment records.,The Veteran's claim for an initial 40 percent rating for sciatica of the left lower extremity and right lower extremity was granted, effective September 7, 2006.

The Board has determined that there is no evidence of current diagnoses for hemorrhoids, left lower extremity radiculopathy/numbness, right ankle disability, or sinusitis. The Veteran's service records do not show any such conditions during his active duty.,For the right knee and left knee disabilities, the Board found that the Veteran did not have a current diagnosis of these conditions at any point during the appeal period.

The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including gastrointestinal disability, knee and low back conditions, and lumbar radiculopathy. The remands are for additional development in order to provide adequate determinations.