Radiculopathy & sciatica decisions — 2014

The Veteran's claims for service connection and increased ratings are being remanded as additional medical examination is needed to determine the nature and etiology of his claimed conditions.,The Veteran's claim for TDIU remains inextricably intertwined with the pending claims.

The Board has determined that the Veteran's lumbar radiculopathy due to spinal stenosis of L3 to L5 is not related to service and therefore denied his claims for service connection.

The Veteran is seeking service connection for bilateral lower extremity radiculopathy, which he contends is related to his service-connected back disability. The Board has requested an addendum opinion from the May 2011 VA examiner to reconcile the conflicting opinions and consider newly-acquired evidence.

The Veteran withdrew his appeal for an evaluation in excess of 10 percent for left lower extremity radiculopathy, S-1 distribution.

The Board has determined that the Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities are not related to service, and thus denied both claims.

The Board has determined that the Veteran's cervical spine disorder is related to his in-service fall, and thus grants service connection for this condition.

The Board has determined that the Veteran's radiculopathy, right lower extremity, associated with a lumbar spine disability, is analogous to moderate incomplete paralysis of the sciatic nerve and grants a rating of 20 percent effective June 25, 2009.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance, nor does he qualify for specially adapted housing or special home adaptation assistance.

The Veteran's lumbar spine disability, including DDD at L4-5 and L5-S1, and IVDS, has resulted in over 6 weeks of incapacitating episodes during the past year. This meets the criteria for a 60 percent rating.

The Veteran's current left shoulder disorder is not related to his active military service or any disability incurred therein.,Left side pleurisy due to plural scarring associated with the service-connected pulmonary tuberculosis does not warrant a separate compensable disability rating.

The Board has determined that the Veteran's service-connected disabilities, particularly his coronary artery disease and lower extremity conditions, warrant an award of automobile and adaptive equipment as well as specially adapted housing.

The Board found that there is equipoise evidence for and against the Veteran's claims of service connection for a lumbar spine disability and a right lower extremity disability. The claims are therefore granted as to both conditions.

The Veteran's claims for service connection for radiculopathy of the bilateral legs, peripheral neuropathy of the left and right lower extremities associated with diabetes mellitus, and compression fracture of the thoracic spine were denied. The claim for an effective date earlier than August 28, 2006, for the grant of service connection for peripheral neuropathy was granted.

The Veteran's lumbar strain is rated at 40 percent since August 27, 2010. He also has a separate 10 percent rating for right lower extremity radiculopathy.

The Veteran's spondylolisthesis with herniated nucleus pulpous was granted a higher rating of 20 percent effective September 7, 2013.,A separate rating of 10 percent for left lower extremity radiculopathy is granted since February 13, 2006.,The Veteran's voiding dysfunction and erectile dysfunction are each rated as noncompensable since March 11, 2009. The Veteran also receives SMC based on loss of use of a creative organ effective March 11, 2009.

The Board has decided the appeal is remanded for additional development, including a new examination to assess the nature and etiology of the Veteran's back disorder.

The Veteran's service-connected disabilities do not meet the basic eligibility requirements for specially adapted housing or a special home adaptation grant due to his inability to walk and use a cane.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling an examination to assess the severity of his service-connected disabilities. The issue of entitlement to TDIU will also be addressed on remand.

The Board found that the Veteran's current cervical spine osteoarthritis, degenerative disc osteophyte complex disorder, and radiculopathy are not related to service.

The Veteran's right lower extremity radiculopathy associated with a service-connected low back disability is characterized by mild shooting pain that extends from the low back to the right foot. The Board found the evidence did not support a rating in excess of 10 percent.