Radiculopathy & sciatica Board decisions

The Board has denied the Veteran's claims for service connection for bilateral knee disabilities, left leg fracture residuals, and left lower extremity lumbar radiculopathy. The Veteran is also denied effective date claims related to GERD, PTSD with alcohol use disorder, and SMC at the housebound rate.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under VA rating criteria.

The Veteran's claims for increased ratings for his service-connected lumbar spine disorder and cervical spine disorder have been granted, with a rating of 20 percent assigned effective from April 30, 2014. The right hip and leg radiculopathy claim remains denied.

The Veteran's PTSD is rated at 70 percent, and he meets the criteria for a TDIU due to his service-connected disabilities. The Veteran's unemployability is based on his PTSD symptoms.

The Board has determined that the Veteran's ulnar neuropathy of the left elbow is attributable to his in-service left shoulder dislocation, and thus service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling examinations to assess the severity of his service-connected disabilities.

The Veteran is entitled to a TDIU on an extraschedular basis from July 29, 2009, due to his service-connected back disability and radiculopathy of the lower extremities.

The Veteran's hypertension is rated noncompensably disabling as it does not meet the criteria for a compensable rating under Diagnostic Code 7101.,The Veteran's peripheral neuropathy, femoral nerve, right lower extremity, is currently rated 10 percent disabling and does not meet the criteria for an increased rating.

The Veteran's increased ratings for left posterolateral herniated disc at L5-S1 and sciatica of the left lower extremity have been granted. The issue of service connection for migraine headaches remains pending.

The Veteran's appeals for service connection for lumbar radiculopathy, right lower extremity; a chronic bilateral leg disability; and arthritis of the bilateral hips have been withdrawn prior to the Board issuing a decision.

The Veteran's claims for increased ratings and service connection were denied. The back disability is currently rated at 40 percent, while the LLE radiculopathy is also rated at 40 percent.

The Veteran's service-connected disabilities, including MDD, rendered him unable to secure and follow a substantially gainful occupation as of March 5, 2001. The effective date for the grant of TDIU is now set at May 13, 2004.

The Veteran's service-connected disabilities did not prevent her from obtaining or retaining substantially gainful employment consistent with her education and experience for the period from February 26, 2007 to March 7, 2009.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU rating on an extraschedular basis under 38 C.F.R. § 4.16(b) for any period on appeal.

The Veteran's cervical spine disability is currently rated at 30 percent, and his other service-connected conditions do not preclude him from securing and following a substantially gainful occupation.

The Board has granted service connection for low back strain, left hip disability, and bilateral leg numbness. The Veteran's current obstructive sleep apnea is not related to his service-connected PTSD.,Obstructive sleep apnea was not diagnosed during service or linked to a service-connected condition.

The Veteran's tinnitus was found to have onset during service and is presumed incurred therein. The Board granted service connection for this condition.

The Board has determined that the Veteran's cervical spine, radiculopathy, lumbar spine, and gunshot wound residuals disabilities are not service-connected. The effective date for service connection of scars on the right low back is set at December 1, 1994, and no earlier. A compensable initial disability rating for the scar is denied, as is a higher than 10 percent rating for gunshot wound residuals.

The Board found that the evidence submitted since the March 2010 rating decision is not new and material, thus denying the request to reopen the claim of service connection for cervical spondylosis with bilateral radiculopathy.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his lumbar spine and bilateral lower extremity radiculopathy.