Radiculopathy & sciatica decisions — 2014

The Veteran's claims for service connection are being remanded due to his request for a videoconference hearing before the Board.

The Veteran's lumbar spine disability and radiculopathy of the lower extremities have been evaluated, but no compensable ratings were granted. The Board found that the evidence did not support higher initial ratings based on limitation of motion or additional functional loss.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the cause and aggravation of his low back strain and left leg radiculopathy.

The Veteran's appeal is being remanded for further development, including obtaining a VA medical opinion regarding his employability and adjudicating the issue of entitlement to a higher disability rating for PTSD. The TDIU claim will be referred to the Director of Compensation and Pension Service if the schedular requirements are not met.

The Board has determined that the Veteran does not have a current diagnosis of erectile dysfunction, hip strain, or ischemic heart disease. The claim for weight gain is denied as obesity is not considered a disability for which service connection may be granted.

The Veteran's radiculopathy of the left lower extremity was rated at 20 percent prior to April 8, 2010.

The Veteran's service-connected radiculopathy of the right and left lower extremities are currently rated as 20 percent and 10 percent disabling, respectively. The Board finds that these ratings adequately reflect the severity of his disabilities.

The Veteran's service-connected disabilities, including lumbar strain and lower extremity sciatica, prevent him from securing or following a substantially gainful occupation.

The Veteran's combined rating was 80% prior to his death in December 2009, and 90% thereafter. The service-connected disabilities met the percentage requirements for a schedular TDIU, but did not render him unemployable due to their impact on his ability to secure or follow substantially gainful employment.

The Board has determined that the Veteran's bilateral knee disorder and lumbar spine disorder are related to his military service, with no indication of undiagnosed illness or a medically unexplained chronic multi-symptom illness. The claims for service connection have been granted.

The Veteran is found to be in need of regular aid and attendance due to his service-connected lumbar spine disability, which requires assistance with activities such as dressing, undressing, bathing, and preparing meals. The Board finds that the Veteran's condition necessitates this level of care.

The Veteran's service-connected disabilities are too numerous and severe to identify a feasible vocational goal, leading to the denial of his VR&E benefits.

The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity. The arthritis of the lumbosacral spine, when considered with associated radiculopathy, warranted a separate rating for left lower extremity radiculopathy.

The Veteran's claim for increased ratings for residuals of bilateral inguinal hernia repairs, incomplete paralysis of the left genitofemoral nerve, and right side ilioguinal nerve entrapment has been denied.,A separate 20 percent rating is granted for incomplete paralysis of the left genitofemoral nerve from December 24, 2013. The Veteran's claim for a higher rating remains denied.

The Veteran's claims for service connection for right knee disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy have been denied as secondary to his service-connected chronic muscular back strain. The Board found no evidence of these conditions at any time during the appeal period.

The Board denied the Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine and denied his request for a separate rating for right lower extremity radiculopathy (sciatica).

The Veteran's sleep apnea, left shoulder disability (other than cervical radiculopathy), and back disability (other than cervical spine) were not found to be related to service or a service-connected condition.

The Board has determined that the Veteran does not have radiculopathy of the left upper extremity and therefore, service connection for this condition is denied.

The Board has reopened the Veteran's claim for service connection for a low back disability and determined that it is at least as likely as not related to his in-service injury. Service connection is therefore granted.

The Board has remanded the case for a new VA examination to address the etiology of the Veteran's back disorder, as well as consideration of all relevant evidence including VA treatment records from January 2010 to present. The claims will be readjudicated based on this additional development.