Radiculopathy & sciatica decisions — 2014

The Veteran's service-connected disabilities have rendered him incapable of obtaining or maintaining substantially gainful employment, and the Board has granted a TDIU from November 18, 2010.

The Board has determined that the Veteran's service-connected right lower extremity radiculopathy does not meet or approximate criteria for a rating higher than 10 percent.

The Veteran's left lower extremity radiculopathy has been rated at 40 percent since September 5, 2008. The claim for special monthly compensation based on the loss of use of the left foot was denied.

The Veteran's claims for service connection for left upper extremity radiculopathy, neuropathy, or carpal tunnel syndrome, hypertension, and sleep apnea have been denied. The January 2014 VA examination indicated that the Veteran does not currently have these conditions.

The Veteran's radiculopathy of the bilateral lower extremities has been evaluated as noncompensable under Diagnostic Code 8520. The Board finds that an evaluation of 10 percent for each lower extremity is warranted based on mild incomplete paralysis of the sciatic nerve.

The Veteran's low back disability was granted service connection with a rating of 10 percent effective June 19, 2006. Service connection for left and right lower extremity radiculopathy were also granted based on clear and unmistakable error (CUE) with ratings of 20 percent effective May 30, 2012.

The Veteran's post-operative right lower extremity numbness and pain following right total knee arthroplasty in May 2007 is not additional disability that is the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA health care providers who provided treatment.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his left leg radiculopathy and to determine if he has a cervical spine disability that is related to service or his lumbar spine disability. The TDIU issue remains pending.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of the record.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining updated VA treatment records.

The Board has remanded the case for further development due to a need for new examinations and additional medical records.

The Board has withdrawn the Veteran's appeal for SMC based on aid and attendance. The claim for service connection for sleep apnea is granted as it relates to his service-connected pain disorder.

The Veteran has withdrawn his appeals for the issues of service connection for radiculopathy of the right lower extremity, residuals of removal of metal from the right eye, COPD; and entitlement to a higher initial rating for degenerative joint disease of the thoracolumbar spine.

The Board has granted service connection for the Veteran's low back disorder, finding that it is at least as likely as not related to his active service.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address the nature and etiology of his tinnitus claim, as well as determining the current severity of his service-connected right shoulder bursitis. The AOJ must also consider whether staged ratings are appropriate in light of Hart v. Mansfield.

The Board finds that the Veteran's claimed back and right shoulder disorders did not manifest during service or within one year of separation, and there is no credible evidence to support a finding of in-service injury. The claim for a right thumb and little finger disorder cannot be substantiated as there is no current diagnosis.

The Board denied the Veteran's claims for an effective date earlier than July 17, 2007 for the grant of SMC based on a need for aid and attendance. The issues regarding increased ratings for various service-connected disabilities were also denied.

The Veteran's claims for service connection for lumbar spine and lower extremity radiculopathy disabilities are being remanded due to the need for additional development, including obtaining VA treatment records and clarifying whether these conditions are secondary to his service-connected cervical spine disability.

The Board has granted service connection for radiculopathy of the right and left lower extremities as secondary to service-connected lumbar spine disability.

The Board has remanded the case due to missing evidence and a need for additional VA examinations. The Veteran's neck disability, including radiculopathy symptoms in the upper extremities, and head injury residuals are on appeal.