Radiculopathy & sciatica decisions — 2014

The Veteran does not have a low back disability that is the result of disease or injury incurred in or aggravated by active military service, and arthritis of the low back may not be presumed to have been incurred or aggravated therein. The Board finds that there is no evidence linking sciatic nerve pain to service.

The Veteran's LUE radiculopathy has been rated at 30 percent since May 1, 2008. The Board found that the evidence did not support a higher rating due to incomplete paralysis of all radicular groups.

The Veteran's left lower extremity radiculopathy has been rated at 20 percent since June 28, 2005. The Board finds that the disability is no more than moderate.

The Veteran withdrew his appeal for the issues of entitlement to service connection for a right knee disability and bilateral hearing loss disability, as well as an increased rating for migraine headaches. The Board dismissed these issues due to withdrawal.

The Veteran's service-connected L5-S1 laminectomy without radiculopathy is currently rated as 40 percent disabling since June 29, 2011. The Board finds that the evidence does not support a higher rating for this condition.

The Veteran's claims for service connection for various knee and back disorders, as well as numbness of the lower extremities, were denied. The Board found that none of these conditions are shown to be causally or etiologically related to his active military service.

The Veteran's claims for increased evaluations for his service-connected lumbosacral strain and bilateral lower extremity sciatica are being remanded due to the need for additional examinations and development of records.

The Board has determined that there is sufficient evidence to grant service connection for radiculopathy of the bilateral lower extremities, finding it at least as likely as not related to in-service injury and pain.

The Veteran's facial and upper back acne vulgaris, left hip sciatica, and low back disability (including right-sided sciatica) are all found to be service-connected. The adjustment disorder with anxious and depressed mood is also granted.

The Veteran's service-connected disabilities have effectively resulted in the loss of use of his feet, and he is granted special monthly compensation based on this. He is also granted assistance for an automobile and adaptive equipment.

The Board finds that the Veteran's intervertebral disk syndrome, herniated disk at L4-L5 with sacroiliitis and right sided sciatica is likely as not to have had its clinical onset during his extensive period of active service.

The Veteran's appeal is being remanded to schedule him for a video conference hearing before a Veterans Law Judge.

The Veteran's service-connected disabilities preclude him from performing gainful employment for which his education and occupational experience would otherwise qualify him, warranting a TDIU on an extra-schedular basis.

The Veteran's left knee disability is service-connected as secondary to his right knee disability.,The Veteran's right knee subluxation and right lower extremity radiculopathy are both rated at the maximum available evaluation.

The Veteran's claim for service connection for a psychiatric disability, to include as secondary to service-connected lumbar spine/degenerative disc disease, was denied. The issue of service connection for bilateral lower extremity radiculopathy remains pending.

The Veteran's claim for an increased rating for his low back strain was denied. The current rating of 40 percent is deemed insufficient to reflect the severity of his disability, as it does not account for the significant functional impairment and work-related effects noted in recent examinations.

The Board has remanded the case for additional development, including obtaining medical records and requesting updated VA Form 21-8940 from the Veteran. The issues of entitlement to increased ratings for radiculopathy, left lower extremity; surgical scar, lumbar spine; and lumbosacral spine disability are also being remanded.

The Board has granted entitlement to service connection for a low back disability and a sciatic nerve condition, left side, both secondary to the Veteran's service-connected right ankle and bilateral knee disabilities.

The Veteran has been granted entitlement to specially adapted housing due to permanent and total service-connected disabilities that result in the loss of use of both lower extremities. The claim for a special home adaptation grant is denied as it is rendered moot by the grant of specially adapted housing.

The Board has determined that there is no current diagnosis of a chronic right knee disability, radiculopathy or neuropathy. Therefore, service connection for these conditions cannot be granted.