Radiculopathy & sciatica Board decisions

The Board has remanded the claims of service connection for carpal tunnel syndrome, sinusitis, and gastroesophageal reflux disease (GERD), as well as the claim for an initial compensable rating for tension headaches due to lack of proper consideration in prior decisions.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. Service connection for GERD and migraine/tension headaches, both secondary to PTSD with major depressive disorder, is granted.,Service connection for cervical spine degenerative joint disease, status post anterior fusion, radiculopathy right upper extremity, and right hand tremors, all claimed as secondary to PTSD with major depressive disorder, is remanded.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of in-service injury or disease and that any current disabilities did not manifest within one year of discharge.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent prior to November 17, 2017 and 40 percent thereafter. The Board finds that these ratings are appropriate based on the evidence showing a combined range of motion not greater than 120 degrees prior to November 17, 2017, and forward flexion to 20 degrees with pain on repetitive use testing as of November 17, 2017.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted, effective from July 14, 2008. The decision is based on the Veteran's service-connected disabilities and his inability to secure or follow a substantially gainful occupation.

The Board has granted service connection for sciatica of the bilateral lower extremities as secondary to service-connected degenerative disc disease of the lumbar spine. The initial rating for a lumbosacral spine disability remains denied.

The Board has remanded the Veteran's claims for hypertension, as well as his service connection claims for sciatica/bilateral leg disability and lumbar spine disability.

The Board has remanded the Veteran's claims of service connection for lumbar spine disability and lumbar radiculopathy due to a lack of VA treatment records from April 2013 and July 2013, which may contain relevant information about the Veteran's symptoms and possible nexus.

The Veteran's claims for increased ratings for lower extremity radiculopathy and service connection for a fractured nose were denied. The claim of service connection for a right leg fracture (right lateral collateral ligament sprain) was also denied. The Board found that the Veteran’s DDD of the lumbar spine warranted a 40 percent rating, but not higher. The ratings for his lower extremity radiculopathy remained at noncompensable levels until May 10, 2017, when they were increased to 20 percent. Service connection was denied for residuals of a fractured nose and service connection for the right leg fracture.

The Board has granted service connection for headaches, neck disability, low back disability, right upper extremity radiculopathy, left upper extremity radiculopathy, bilateral hip disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's claims for bilateral shin splints, lumbar spine disability, and left lower extremity radiculopathy have been denied due to lack of current diagnosis.,The Veteran's claims for effective dates earlier than December 16, 2015, for the grant of service connection for a lumbar spine disability and left lower extremity radiculopathy are also denied as there is no evidence that he filed such claims prior to this date.

The Board has determined that the Veteran was in need of regular aid and attendance due to his service-connected disabilities, including acute myeloid leukemia, spinal stenosis, lumbar radiculopathy, right knee osteoarthritis, and ulcerative colitis. As a result, SMC based on aid and attendance for accrued benefits purposes has been granted.

The Veteran's low back disability is rated at 40% from February 1, 2017. The Board found that the evidence did not support a higher rating for this period.

The Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities are remanded for further evaluation due to potential progression of his condition.

The Veteran's lumbar DDD has been granted a restoration of a 40 percent rating, effective the date of reduction.,Service connection for left lower extremity radiculopathy secondary to service-connected lumbar DDD at the L4 vertebra is granted.

The Board has remanded the case due to inextricably intertwined issues, including whether new and material evidence has been received to reopen claims for service connection for various conditions. The TDIU claim is also being reconsidered.

The Veteran's cervical spine disability is currently rated at 30 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.,The Veteran's left upper extremity radiculopathy is currently rated at 60 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.

The Veteran's spine disability was denied a higher evaluation prior to February 13, 2013 and beginning February 13, 2013.,A 10 percent evaluation for left lower extremity radiculopathy due to the femoral nerve is granted. The Veteran’s other claims are denied.,The Veteran's TDIU claim is dismissed as his PTSD alone renders the request moot.

The Veteran's postoperative IVDS and associated radiculopathy of the left lower extremity are currently rated at 40 percent. The Board has granted a higher rating for the radiculopathy, but denied an increased evaluation for the IVDS.