Radiculopathy & sciatica Board decisions

The Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy is being remanded due to the need for a new VA examination.

Entitlement to a rating in excess of 40 percent for lumbar spine degenerative disc disease with bulging disc, facet arthropathy, and degenerative spondylosis is denied.,For the appeal period prior to December 2, 2016, entitlement to higher ratings for right and left lower extremity radiculopathy was denied. For the appeal period between December 2, 2016 and October 18, 2019, entitlement to higher ratings for both conditions was also denied.,Entitlement to a 40 percent rating for right lower extremity radiculopathy beginning on October 18, 2019 is granted. Entitlement to a 40 percent rating for left lower extremity radiculopathy beginning on October 18, 2019 is also granted.

The Veteran's service-connected bilateral hearing loss and eye condition have been denied as they do not meet the criteria for a disability rating under VA regulations.,Service connection has also been denied for low back disorder, right lower extremity radiculopathy, and mood disorder.

The Board granted a higher rating of 20 percent for degenerative joint disease of the lumbar spine from October 1, 2009 to August 15, 2017. The Board denied increased ratings for right and left lower extremity radiculopathy throughout the appeal period.

The Board denied the Veteran's claims for service connection for skin rashes and sciatica, finding no new and material evidence to support these claims.

The Board denied the Veteran's claims for increased ratings for his right and left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis of all radicular groups.

The Veteran's cervical spine disability is rated at 20 percent, and his sciatica of the left leg is also rated at 20 percent. The Veteran's sciatica of the right leg remains at 0 percent.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to January 18, 2008. From January 18, 2008 onward, the Board finds that his service-connected disabilities prevented him from securing or following a substantially gainful occupation.

The Veteran's eye disability has been granted a 30 percent rating, effective July 31, 2017. The right lower extremity radiculopathy ratings have been remanded for further action.,An earlier effective date of January 1, 2011, but no earlier, is granted for the grant of service connection for right lower extremity radiculopathy.

The Board denied restoration of service connection for cervical spine DDD, right and left upper extremity radiculopathy due to the finding that the current diagnoses are not related to service.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, but the Board finds that a higher rating is not warranted.,The reduction from 30 to 20 percent for left lower extremity radiculopathy was proper due to CUE in the original rating decision.

The Veteran's low back disability is currently rated at 40 percent, effective from August 12, 2015. The appeal for a higher rating remains denied.

The Veteran's service-connected back condition and depression rendered him unable to secure and follow a substantially gainful occupation from February 6, 2008 to April 1, 2009. From July 1, 2009 to May 31, 2010, his combined disabilities continued to prevent substantial gainful employment.

The Veteran's tinnitus and hypertension are granted service connection.,Service connection for toxic nephropathy, spinal stenosis, and cervical radiculopathy of the bilateral upper extremities is remanded.

The Board has remanded the case due to an inadequate addendum opinion regarding the aggravation of the Veteran's bilateral knee condition by his service-connected left hip degenerative arthritis, right hip synovitis and/or degenerative disc disease of the thoracolumbar spine and associated radiculopathy.

The Board has dismissed the appeals for higher initial ratings for migraines and anal fissure. The remaining issues of remanding for further development have been identified.

The Board has determined that the Veteran does not have a current diagnosis of bilateral lower extremity radiculopathy (sciatica), bilateral hip disability, skin disability, or hypertension secondary to service-connected PTSD. The evidence does not support a finding that any of these conditions were incurred in or aggravated by service.,While the Veteran asserts his symptoms began during service and continue since, the Board finds the preponderance of the evidence against such assertions.

The Board has remanded two claims: one for service connection for lumbar radiculopathy (right leg pain) and another for degenerative disc disease of the lumbar spine (back pain). The Veteran was not provided with a VA examination to determine the etiology of his conditions, so the case is being sent back for further evaluation.

The Board denied service connection for COPD, bilateral hearing loss disability, tinnitus, lumbar spine disorder with lower extremity radiculopathy, and cervical spine disorder with upper extremity radiculopathy as the evidence did not support a link to service.

The Veteran's appeal for increased ratings for various hip and knee conditions, as well as service connection for hypertension, is dismissed. Service connection for hypertension was granted.