Radiculopathy & sciatica decisions — 2014

The Board has granted service connection for meralgia paresthetica and neuropathy of the right thigh, carpal tunnel syndrome of the left wrist, diabetes mellitus type II, and sleep apnea. The effective date is set at April 7, 2014.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and converting VA examination reports to comply with VA protocols.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records and a VA examination.

The Board found no evidence to support the Veteran's claims for service connection for kyphosis, degenerative disc disease, and other conditions of the spine, COPD, pancreatitis, right hip arthritis, obstructive sleep apnea, or joint pain. The appeals are denied.

The Veteran's left leg sciatica was initially rated as 10 percent disabling prior to March 17, 2011.

The Board has remanded the case for additional development due to incomplete opinions and other procedural issues. The Veteran's claims of service connection for a back disability and left L5 radiculopathy are pending.

The Veteran's claims for increased ratings are being remanded due to the need to obtain additional medical records and determine effective dates.

The Veteran withdrew his appeal for service connection for a bilateral foot disorder and carpal tunnel syndrome of the right upper extremity before a decision was made by the Board.

The Veteran's sciatica associated with a status post left distal femur fracture has been rated at 10 percent since May 23, 2005. The current rating is appropriate as the symptoms have not approximated moderate incomplete paralysis of the sciatic nerve.

The Board finds that the disability attributable to diabetic neuropathy of the bilateral lower extremities for rating purposes includes polyradiculopathy involving the left thoracic and entire lumbar and S1 roots, resolving all doubt in favor of the Veteran.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's back disability is currently rated at 40 percent, effective October 24, 2011. The Board found that the evidence does not support a higher rating based on the current criteria.

The Veteran's initial ratings for degenerative joint disease of the left and right ankles, as well as radiculopathy of the upper extremities, have been granted at 10 percent each. The rating for bilateral pes planus has also been granted at 10 percent.

The Veteran's service-connected low back disability has not met the criteria for an increased rating in excess of 40 percent under any applicable diagnostic codes.

The Veteran's radiculopathy of the right lower extremity was rated at 10 percent for the period from August 27, 1991 to October 12, 2011.

The Veteran's service-connected disabilities did not prevent him from participating in substantially gainful employment for the period prior to May 14, 2012.

The Veteran's L5-S1 disc herniation and left leg radiculopathy have been rated at 20 percent since April 21, 2011. The current ratings are considered appropriate based on the evidence of record.

The Veteran's service-connected conditions, including depressive disorder and multiple foot disabilities, render him unable to secure or follow substantially gainful employment.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's appeal is now pending with the RO.

The Veteran's service-connected herniated disc at L4-5 and L5-S1 is currently rated as 20 percent disabling. The Board finds that the current rating adequately compensates for his disability.