Radiculopathy & sciatica Board decisions

The Veteran's service connection claims for left shoulder condition, dizziness and balance condition (to include TBI), bilateral plantar fasciitis, restrictive airways disease, and total disability rating due to individual unemployability were denied. The Veteran was granted increased ratings for migraine headaches, acquired psychiatric disorder, and back disorder.

The Veteran's claims for service connection for spondylolisthesis with arthritis of thoracolumbar spine and sciatic radiculopathy of the left lower extremity were denied as there is no evidence linking these conditions to service. The Board found that the Veteran did not meet the Hickson elements, which include a showing of in-service injury or disease, current disability, and medical nexus.

The Veteran's service-connected disabilities, including a lumbar spine disability, cervical spine disability, right and left shoulder disabilities, bilateral lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for various conditions, including fibromyalgia, chronic fatigue syndrome (CFS), a right ankle disability, residuals of low back injury, right lower extremity sciatica, sinusitis, rhinitis, IBS, and GERD. The decision also addressed reopening of his claim for service connection for asbestos exposure.

The Veteran's appeal is being remanded due to the need for additional examinations and opinions regarding his service-connected left knee disability, as well as the relationships between his various disabilities. The claims are also inextricably intertwined with TDIU and DEA.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment consistent with his education and occupational experience, warranting a TDIU.

The Veteran's claim for TDIU is being remanded due to the need for further development and consideration by the Director of Compensation Service.

The Veteran's left knee DJD is service-connected, and his right L5-S1 radiculopathy remains at a 20 percent rating. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's service connection for right ear hearing loss is granted. For diabetes mellitus, the rating prior to January 13, 2017 remains unchanged at 20 percent; however, a higher rating of 40 percent is granted since that date.

The Board granted the Veteran's appeal for a disability rating of 40 percent for his lumbar spine disability, effective from April 29, 2013. The other issues were not addressed as the Veteran withdrew his appeal regarding the major depressive disorder claim.

The Veteran's folliculitis, low back disability, chronic right ankle sprain disability, and left hand/thumb disability are all found to be service-connected. The Veteran's right thumb disability is not service-connected. A rating in excess of 10 percent for the scar from head surgery is granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA spine examination.

The Board has determined that the Veteran's low back disability does not warrant a rating in excess of 20 percent, and his radiculopathy of the right lower extremity does not warrant a rating in excess of 10 percent.

The Board has determined that the Veteran's current back disabilities are not etiologically related to his military service and therefore denied the claim for service connection.

The Veteran's service-connected disabilities do not preclude substantially gainful employment.

The Veteran's appeal has been withdrawn prior to a decision being made by the Board.

The Veteran's claims for service connection for right arm and shoulder disabilities are being remanded due to the need for additional development, including obtaining an addendum opinion from a VA examiner.

The Veteran's lumbar degenerative disc disease, left foot neuropathy, and right lower extremity radiculopathy are service-connected. The Board granted a rating of 40 percent for the lumbar spine disability, separate ratings for the left foot and right leg conditions, and denied TDIU.

The Board denied the Veteran's claims for higher ratings for his service-connected right-sided sciatica and radiculitis, as well as his lumbar spine degenerative disc disease with disc herniation. The evidence did not show that the conditions warranted a rating in excess of 10 percent or 20 percent, respectively.

The Veteran's service-connected tibial and sciatic nerve peripheral neuropathy of the bilateral lower extremities has been granted. The right lower extremity is rated at 20 percent from August 28, 2009 until April 18, 2012, and in excess of 40 percent thereafter until October 3, 2014. The left lower extremity is rated at 20 percent prior to April 18, 2012, and in excess of 40 percent thereafter until September 13, 2016. The Veteran's loss of use of the right foot has also been granted.