Radiculopathy & sciatica decisions — 2023

The Veteran's thoracolumbar strain with muscle spasm is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cervical degenerative joint disease prior to November 10, 2022, is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cervical degenerative joint disease from November 10, 2022, is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's cyst on ovaries and resultant bleeding is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sciatica of the left lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the cases for further development and consideration, including obtaining private treatment records and providing an addendum opinion regarding the Veteran's psychiatric disability.

The Veteran's claim for service connection for hypertension was denied in July 2004, and new and material evidence has not been received to reopen the claim. The effective date of service connection for thoracolumbar spine disability, cervical spine disability, right shoulder disability, and left lower extremity radiculopathy is set at July 21, 2011.,The Veteran's claims for increased ratings for psoriasis, GERD, chronic sinusitis, allergic rhinitis, and right knee disability are denied. The effective date of service connection for presbyopia with hypermetropia, astigmatism, and pinguecula is set at July 21, 2011.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation from July 17, 2019.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his appeal in writing, indicating satisfaction with the awarded benefits.

The Veteran's service-connected degenerative arthritis, intervertebral disc syndrome, and spondylolisthesis of the lumbar spine (claimed as low back pain) is granted. The right lower extremity radiculopathy secondary to these conditions is also granted.

The Veteran's service-connected disabilities require the regular aid and attendance of another person as he is unable to perform daily activities independently due to his physical impairments.

The Board has remanded the Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine, right hip strain, and radiculopathies. The Veteran needs to be provided with a VA examination to assess the current severity of these conditions.

The Board denied the Veteran's claims for earlier effective dates for service connection for bilateral lower extremity radiculopathy, finding that there was no evidence of a claim prior to July 21, 2011.

The Veteran's claims for increased ratings for his lumbar spine degenerative arthritis, right and left lower extremity radiculopathy, and TDIU are remanded due to the need for additional development regarding range of motion findings.

The Board has granted service connection for bilateral hearing loss, DDD of the lumbar spine, and bilateral lower extremity radiculopathy secondary to now service-connected DDD of the lumbar spine.,Reasons: The Veteran's claims were based on direct evidence of in-service injury or disease. Service connection was granted due to the Veteran's credible lay statements regarding his symptoms and the VA examiners' opinions supporting a link between his current conditions and service.

An initial 30 percent rating for bilateral plantar fasciitis is granted from March 3, 2013.,A 40 percent rating for degenerative disc disease of the lumbar spine with IVDS is granted from July 26, 2013.,The claim for an increased rating for left lower extremity radiculopathy is denied.

The Veteran's claims for increased ratings for lumbar spine intervertebral disc syndrome with arthritis and radiculopathy of the left lower extremity are being remanded due to inadequate examinations and inaccuracies in the medical records.

The Veteran's left and right lumbar radiculopathy are granted with a rating of 20 percent, effective July 23, 2015.

The Veteran's claims for service connection, increased ratings, and endometriosis ratings are being remanded due to the need for additional development.

The Board denied the Veteran's claims for increased ratings for his right and left lower extremity radiculopathy with sciatic nerve involvement and right and left lower extremity radiculopathy with femoral nerve involvement, finding that each condition warranted a 20 percent rating.

The Veteran's tension/reoccurring headaches are found to be related to an in-service head injury.,The Veteran's right knee disorder with arthroplasty and total knee replacement is found to be related to a service-connected right knee disorder.,The Veteran's left knee degenerative osteoarthritis is found to be secondary to his service-connected right knee disorder.,The Veteran's right ankle instability is found to be secondary to his service-connected right knee disorder.,The Veteran's left ankle instability is found to be secondary to his service-connected right knee disorder.

The Board has granted service connection for degenerative joint disease of the right and left knees, degenerative disc disease of the lumbar spine, sciatica secondary to the lumbar spine condition, and residuals of a right hand ring finger laceration. The Veteran's conditions are related to parachute jumps during active service.

The Veteran's service-connected IVDS and major depressive disorder associated with IVDS, which arise from a common etiology, have rendered him unable to secure or follow substantially gainful employment since March 11, 2019.

The Board has granted service connection for a cervical spine disability, cervical radiculopathy of the upper extremities, and deep vein thrombosis of the left ankle. The Veteran's current conditions are deemed to be related to his active duty service.,Service connection is established for these conditions based on direct evidence showing their onset during or shortly after service.