Radiculopathy & sciatica decisions — 2014

The Board has determined that the Veteran's left lower extremity radiculopathy is related to his service-connected low back disability and grants this claim.

The Veteran's sciatic neuropathy of the left and right lower extremities has been manifested by symptoms mild in nature, warranting a 10 percent disability rating.

The Veteran's cervical spine disability is found to have had its onset during service and is related to his military service. Service connection for allergic rhinitis, chronic maxillary sinusitis, and deviated nasal septum are granted.

The Board finds that the Veteran's bilateral hearing loss is at least as likely as not related to his service, and grants service connection for this condition. The VA spine examiner did not provide a nexus opinion regarding the Veteran's lumbar nerve root entrapment or radiculopathy of the right lower extremity. A new examination by an appropriate specialist is needed.

The Veteran's acquired psychiatric disorder, specifically depressive disorder NOS, is found to be related to his service-connected cervical spine disability. The issues of service connection for urinary tract infections and prostatitis are remanded as the evidence does not provide sufficient information on their etiology.

The Veteran's TDIU claim is being remanded for further review by the VA Compensation and Pension Service due to her service-connected disabilities, which include multiple conditions such as endometriosis, asthma, depression, degenerative disc disease, vertigo, radiculopathy, ovarian cysts, and carpal tunnel syndrome. The case will be referred back for an extraschedular TDIU rating under 38 C.F.R. § 4.16(b).

The Veteran's spine disability and associated radiculopathy were evaluated, but the claim for increased ratings was denied as his conditions did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board has determined that the Veteran's claimed disabilities are not related to service, and therefore denied his claims.

The Veteran's initial ratings for chronic low back pain with spondylolisthesis of L5 and intermittent sciatica were increased to 40 percent effective June 20, 2013. The Veteran's initial rating for migraine headaches was not increased.

The Veteran seeks service connection for low back disability, left and right lower extremity radiculopathy. The case is being remanded due to the need for additional development of her claims.

The Veteran's appeal is being remanded for a new VA examination and opinion to determine the severity of his service-connected lumbar spine disability, including any related radiculopathy. The examiner should also assess the impact of the Veteran's diminished reflexes and muscle strength on his ability to work or maintain his home.

The Veteran's claim for an effective date earlier than April 26, 2002 for service connection for radiculopathy of the left and right lower extremities was granted.,The Veteran's claims for initial schedular ratings in excess of 10 percent for radiculopathy of the left and right lower extremities were also granted.

The Veteran's sciatic nerve impingement of the right leg was granted a 40 percent evaluation effective June 27, 2013. The left leg condition remains at 40 percent.

The Board has vacated the August 19, 2013 decision denying a separate compensable rating for left lower extremity radiculopathy and remanded the case for further development.

The Veteran's initial claim for a higher rating for his low back disability was denied. The TDIU issue is not addressed in this decision.

The Veteran's claim of entitlement to service connection for left lower extremity radiculopathy is dismissed as moot because the issue has already been granted in a prior rating decision.

The Board found that the Veteran's service-connected lumbar radiculopathy of the left lower extremity warranted a 20 percent rating from April 11, 2013, but not higher. The earlier periods were denied as the disability did not meet criteria for an increased evaluation.

The Veteran's chronic conditions, including lymphedema of the left leg, diabetes mellitus type II, and spinal stenosis, require regular aid and attendance from another person. The Board has determined that these conditions meet the criteria for special monthly pension based on need for regular aid and attendance.

The Veteran's cervical spine disorder was not incurred in or aggravated by his active military service, and the Board finds that it is unrelated to his service.

The Veteran's service-connected lumbosacral strain with multilevel degenerative changes and left lumbar radiculopathy are currently rated at 20 percent and 10 percent, respectively. The appeal for higher ratings is denied.