Radiculopathy & sciatica decisions — 2014

The Veteran's lumbar spine degenerative disc disease with left lower extremity radiculopathy is rated at 40 percent, effective May 9, 2012. The Veteran does not have a compensable rating for alopecia or uterine fibroids.

The Board has determined that the Veteran's lumbar and cervical spine disabilities, as well as his bilateral leg disability (sciatica), are not related to service. The claims for these conditions have been denied.

The Veteran's service-connected disabilities do not combine to at least 70 percent, and the Board finds that he is capable of performing work that requires sitting, answering phones, and performing paperwork duties. The Veteran cannot perform work involving physical activity due to his back disability.

The Board has remanded the case for further development, including obtaining a VA examination to determine the nature and etiology of any lower extremity neurological disorders, such as sciatica. The Veteran's service treatment records show complaints of numbness and tingling in the hands or feet during service.

The Veteran's service did not involve duty or visitation to Vietnam, and there is no evidence of herbicide exposure. The Board finds that diabetes mellitus, COPD, hypertension, and lumbar radiculopathy and carpal tunnel syndrome were not incurred in or aggravated by service.

The appeal is REMANDED to obtain additional records and provide a VA examination for the TDIU claim. The Veteran's low back disability with radiculopathy alone may render her unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected lumbar strain was granted an increased rating to 20 percent, and the initial ratings for left and right lower extremity radiculopathy were also granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and providing the Veteran with notice of secondary service connection requirements.

The appellant has withdrawn all issues related to the appeal, including those regarding service connection for PTSD and anxiety, evaluations of shoulder conditions, major depressive disorder, tinnitus, and bilateral hearing loss.

The Veteran's service-connected disabilities cause him to be in need of regular aid and attendance of another person, which meets the criteria for SMC based on the need for regular aid and attendance. The claim for SMC at the housebound rate prior to January 26, 2012 is moot as SMC at the aid and attendance rate is greater.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board is remanding the case to obtain an adequate medical opinion regarding whether the Veteran's current back disorder is aggravated by his service-connected bilateral knee disabilities.

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

The Board finds that the Veteran's low back disability, including sacroiliac joint dysfunction with osteitis pubis, existed prior to her third period of active service and was aggravated by service. However, there is no clear and unmistakable evidence that sciatica pre-existed service or existed during any period of active service.

The Veteran's appeal is being remanded due to incomplete records and the need for additional medical examinations. The issues of service connection, TDIU, and Social Security Administration (SSA) benefits are pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his lumbar spine and associated bilateral radiculopathy disabilities, and referring the case to the Director of Compensation and Pension Services for extraschedular consideration.

The Veteran's left lower extremity radiculopathy, right lower extremity peripheral neuropathy, and bilateral upper extremity radiculopathy are rated at 20 percent each from July 2, 2007 to February 23, 2011.

The Veteran's service-connected lumbar spine degenerative disc disease and radiculopathies are currently rated at 20 percent, which is the maximum schedular rating available for these conditions. The claims for higher ratings have been denied.

The Veteran's petitions to reopen his previously denied service connection claims were unsuccessful as no new and material evidence was presented for any of the conditions he sought to reopen.

The Board has determined that the Veteran's current disabilities of the left and right feet, ankles, and low back were incurred in service. Service connection is therefore granted for these conditions.