Radiculopathy & sciatica Board decisions

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and right lower extremity radiculopathy are being remanded to allow for consideration of an extraschedular rating due to the severity of his symptoms, which have significantly impacted his employment.

The Veteran's current obstructive sleep apnea is aggravated by his service-connected herniated lumbar discs, status post discectomies and lumbar interbody fusion at L4-L5 and L5-S1. The Board finds the medical opinions of record addressing the issue of aggravation stand in equipoise in terms of their probative value.

The Board has granted service connection for a cervical spine disability and a lumbar spine disability, both found to be proximately due to the Veteran's service-connected right shoulder disability.

The Veteran's depressive disorder is related to his service-connected disabilities. His hearing loss and tinnitus are not related to service or any incident therein. The Veteran's left leg being shorter than the right leg is related to a service-connected disability.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and bilateral lower extremity radiculopathy have rendered him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU.

The Veteran's claims for higher initial ratings for his service-connected low back disability and left lower extremity radiculopathy were denied. The effective date for the award of compensation for left lower extremity radiculopathy was not granted prior to August 28, 2014.

The Board has determined that the Veteran's cervical spine disability and radiculopathy of the bilateral upper extremities are etiologically related to his active service.

The Veteran's major depression and left lower extremity radiculopathy are found to be at least as likely as not caused or aggravated by her service-connected lumbar spine disability. The remaining claims for service connection for various orthopedic disabilities, including right knee, cervical spine, hip, and shoulder disabilities, will be remanded for additional development.

The Veteran sustained a left hip disorder following an August 2010 VA hip arthroplasty. The Board found that the disability was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded for additional development, including a new VA examination of his upper extremities and issuance of a statement of the case on his bilateral tinnitus and right wrist disability claims.

The Veteran's right knee nerve damage is found to be related to his military service, and the claim for service connection is granted. The remaining issues are addressed in the REMAND portion of the decision.

The Veteran's right shoulder disorder, including DJD and AVN, is not service-connected.,Prior to October 6, 2010, the Veteran's DDD of the lumbar spine was rated at 10 percent. After this date, a higher rating is denied.

The Board has granted a 20 percent rating for the Veteran's right cervical radiculopathy since July 3, 2014. The Veteran's cervical spine disability is rated as 10 percent disabling.

The Veteran's claims for increased ratings for his service-connected lumbar spine degenerative disc disease and sciatica of the right lower extremity were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point.

The Board has determined that the Veteran's radiculopathy of the right and left upper extremities warrants a separate 10 percent rating from February 1, 2005 to January 10, 2011.

The Board has determined that the Veteran's back disability is secondary to his service-connected knee disabilities and has granted service connection for this condition.

The reductions of the disability ratings for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the service-connected left knee limitation of extension, and the service-connected left lower extremity radiculopathy are void ab initio. The 20 percent rating for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the 10 percent rating for the service-connected left knee limitation of extension, and the 10 percent rating for the service-connected left lower extremity radiculopathy are restored as though the reductions had not occurred.

The Board has remanded the case for referral to the VA Under Secretary for Benefits or the Director of the Compensation and Pension Service to consider assignment of a total rating based on individual unemployability due to service-connected disability on an extraschedular basis prior to September 22, 2009.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records. The issues on appeal are related to his service-connected conditions and a new shoulder disability.