Radiculopathy & sciatica decisions — 2014

The Veteran is found as likely as not in need of the regular aid and attendance of another person due to his service-connected disabilities, which include DDD of the lumbar spine, depression, status-post right elbow lateral epicondylectomy with radial tunnel release residual with arthralgia, radiculopathy of right lower extremity, radiculopathy of left lower extremity, and scar residuals. The Board grants special monthly compensation based on the need for aid and attendance.

The Veteran's lumbar strain with arthritis and disc herniation and stenosis is currently rated at 20 percent, effective May 8, 2012.,The Veteran's radiculopathy of the right leg remains at a 10 percent rating.

The Veteran's appeal has been withdrawn due to his satisfaction with the current benefits award.

The Veteran's lumbosacral strain with compression fracture and degenerative joint disease is currently rated at 40 percent, effective September 15, 2011. His radiculopathy of the right lower extremity involving the femoral nerve is also rated at 10 percent, effective September 15, 2011.

The Board has determined that the Veteran's radiculopathy of the bilateral lower extremities is associated with her service-connected low back strain and grants a separate rating for this condition.

The Veteran's service-connected disabilities, including residuals of a left shoulder injury, low back strain with degenerative joint disease, right shoulder injury, left ankle injury, and radiculopathy of the right lower extremity, are currently evaluated at their maximum assigned ratings. The Board finds no basis to grant increased ratings for any of these conditions.

The Veteran's appeal was granted for some issues and denied or not addressed for others. The skin disorder claim was reopened, tension headaches were service connected, the eye injury residuals issue was withdrawn by the Veteran, TBI residuals are not service connected, right lumbar radiculopathy is service connected, and the neck scar disability has a 50% rating.

The Veteran's appeal is being remanded to schedule a Travel Board hearing at the Togus, Maine RO. The issues include increased evaluations for left wrist fracture and gastritis, service connection claims for sleep apnea, radiculopathy of the right lower extremity, hypertension, migraines, and weight gain.

The Board has granted service connection for lumbar spondylosis with sciatica and right hip degenerative joint disease as secondary to the Veteran's service-connected right foot disability.,However, the claim for service connection for right knee degenerative joint disease remains pending.

The Board found no evidence to support the Veteran's claims for service connection for sciatica, gastroesophageal reflux disease (GERD), arthritis, ingrown toenails, breathing problems, and prostate condition. The VA examiners' opinions were based on a full reading of the Veteran's claims file, physical evaluations, and consideration of his lay statements.

The Veteran's spinal surgery in July 2009 was related to his service-connected back disability and deemed necessary due to the severity of his symptoms. The treatment received at Providence Swedish Hospital met all criteria for reimbursement under VA regulations.

The Board has ordered a new examination to address whether the Veteran's right lower extremity disorder, including sciatic-like pain, is permanently aggravated by his service-connected right ankle disability. The case will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his lumbar spine disability and bilateral radiculopathy.

The Veteran's right lower extremity sciatic neuropathy was found to not warrant a rating in excess of the currently assigned 20 percent for moderate incomplete paralysis.

The Board has granted a 50 percent evaluation for PTSD, effective from the date of the claim. The Veteran's service-connected lumbar spine disability with secondary sciatic nerve disability is not addressed in this decision.

The Veteran's service-connected disabilities do not render him incapable of obtaining and maintaining gainful employment, thus the claim for a total rating based on individual unemployability due to service connected disabilities is denied.

The Veteran's claim for a higher rating for degenerative joint disease of the lumbar spine and radiculopathy of the left lower extremity was granted. The Veteran is currently rated at 40 percent for degenerative joint disease of the lumbar spine from August 9, 2013.

The Veteran's claim for an increased rating in excess of 10 percent for intervertebral disc syndrome with sciatic nerve involvement (previously rated as degenerative joint disease of the thoracic spine and herniated nucleus pulposus and arthritis of the thoracic spine) prior to July 21, 2010 and 20 percent thereafter is being remanded for additional development.

The Veteran's right leg sciatica and low back disability are found to be service-connected, with a 10% rating for hemorrhoids. The initial compensable rating of 10% is granted for the bilateral foot disability (hallux valgus).

The Veteran's service-connected diabetes is found to have caused his current bilateral lower extremity diabetic peripheral neuropathy. The appeal for upper extremities' neurological disabilities will be remanded as the July 2013 VA examination did not adequately assess these issues.