Radiculopathy & sciatica Board decisions

The Veteran's lumbar spine disability, including associated right lower extremity sciatica, is found to have originated during service.,Service connection is granted for the Veteran's left shoulder disability due to in-service injury.

The Board has remanded the case due to a lack of VA examination for the Veteran's back disability and hepatitis, and because private medical records need to be obtained.

The Veteran's service connection claims for hemorrhoids, a left brow scar, and lumbar strain with spondylosis and associated bilateral radiculopathy have been granted. The Veteran is also entitled to separate ratings of at least 10 percent each for his right and left lower extremity radiculopathy.

The Veteran's service-connected right lower extremity radiculopathy is rated at 40 percent, effective from January 17, 2014.

The Board has granted a rating of 70 percent for major depressive disorder, effective from the date of the decision. The Veteran's service-connected MDD is manifested by symptoms including depressed mood, anxiety, chronic sleep impairment, mild memory loss, disturbances of motivation and mood, and difficulty in establishing and maintaining effective relationships.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 60 percent, effective September 2, 2014. The scars are rated as 10 percent disabling.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining a VA examination to address the etiology of the Veteran's lumbar spine and bilateral leg radiculopathy.

The Veteran's lumbar spine disability, which is manifested by degenerative disc disease and right lower extremity sciatic nerve involvement, has been granted a 40 percent rating effective February 6, 2017. The current rating adequately reflects the severity of his service-connected condition.

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

The Veteran's lumbar spine disability and associated radiculopathy have been rated at the maximum available benefit, with a 20 percent rating for each issue since June 29, 2017.

The Veteran's lumbar spine disability is currently evaluated at a 20 percent rating, and the Board finds that this rating is appropriate given the evidence of record.

The Board has granted service connection for bilateral radiculopathy, lumbar strain and cervical strain effective from August 29, 2008, resulting in the award of $83,922.46 in VA benefits. The attorney's fees were withheld at a rate of 20% based on these past-due benefits.

The Board has granted service connection for the left leg disability of radiculopathy of the left lower extremity, as secondary to the service-connected lumbar spine DJD. The issue of service connection for a cervical spine disability is remanded.

The Veteran's cervical spine degenerative disc disease was restored to a 20% rating from February 1, 2014 through April 13, 2015.,The Veteran's right upper extremity radiculopathy remains at a 0% rating.

The Veteran's appeal is denied as his claims for increased ratings and service connection are not supported by the evidence of record.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, warranting a TDIU.

The Board finds that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and thus denies his claim for a TDIU.

The Board has determined that the Veteran's back disability is related to his active service and granted service connection for this condition. The GERD issue remains pending as a new VA examination is required due to potential presumptive service connection under Gulf War criteria. The bilateral shoulder condition issue also requires further development, including a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, Social Security Administration records, and a supplemental VA examination to assess the current severity of his service-connected lumbar degenerative disc disease and right lower extremity radiculopathy.

The Board found that the Veteran's acquired psychiatric disorder, hypertension, cervical degenerative arthritis with spondylosis and right arm radiculopathy, and degenerative arthritis of the arms, wrists, and hands did not manifest during service or within one year after separation from service. The evidence also indicated that these conditions were not related to service. Therefore, the Veteran's claims for service connection were denied.