Radiculopathy & sciatica decisions — 2015

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right and left lower extremities are each rated at 10 percent. The claims for increased ratings are granted.

The Board has granted service connection for a left hip disability (claimed as osteoarthritis) and awarded temporary total rating based on convalescence following right foot bunionectomy. Service connection was denied for back cysts, bilateral sciatica, neck strain, and right shoulder disability.

The Veteran's service-connected disabilities did not render him unemployable during the time periods at issue, as his combined evaluation was sufficient to meet the percentage requirements for a schedular TDIU and he had other factors that prevented employment.

The Veteran's lumbar spine disability, including IVDS and degenerative arthritis, is rated at 40 percent from February 5, 2015. His sciatica of the right lower extremity remains at a 40 percent rating since that date.

The Veteran's claim for an initial rating higher than 20 percent for lumbar radiculopathy of the left lower extremity was denied. The Board found that his disability manifested in no more than moderate incomplete paralysis, warranting a 20 percent rating.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the current severity of his lumbar spine disability and obtaining medical records from all relevant sources. The TDIU issue will also be addressed in light of this new evidence.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar and cervical spine, radiculopathy of the lower extremities, tinnitus, bilateral hearing loss, residuals of a fracture of the nose, chronic rhinitis, and temporomandibular joint dysfunction, have combined to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, he is eligible for specially adapted housing.

The Board has determined that the Veteran's current low back disabilities are not related to his service or a service-connected condition, and therefore, denied the claim for service connection.

The Veteran's right upper arm radiculopathy is found to be secondary to his service-connected cervical spine disorder. For the entire appeal period, he has degenerative joint disease of the lumbar spine with a combined range of motion limited to 235 degrees or less and no associated neurologic impairment. For the period prior to December 23, 2009, his sleep apnea was not manifested by persistent daytime hypersomnolence or use of a breathing assistance device; however, beginning from that date, it is not manifested by chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor did he require a tracheotomy.

The Veteran's claims for service connection for various disabilities are denied as the preponderance of the evidence does not support a finding that any current condition was incurred or aggravated by his military service.

The Veteran's appeal was dismissed as he withdrew his application to reopen a claim of entitlement to service connection for hepatitis. The remaining issues were addressed, but the case is remanded for additional examinations and development.

The Board has determined that the Veteran's claimed left knee disorder, right ankle disorder, lumbar spine disorder, and sciatica are not service-connected as they do not have a direct relationship to his military service or any service-connected conditions.

The Veteran's appeals have been dismissed as he has withdrawn his appeal through written correspondence.

The Veteran's appeal is being remanded for additional development, including a new examination and an addendum opinion addressing the impact of his service-connected disabilities on employment.

The Board has determined that the Veteran's claims for service connection are denied. The evidence does not support a finding of in-service injury or disease, and there is no medical opinion linking any current disabilities to service.

The Veteran's lumbar spine disability is rated at 40 percent since July 11, 2006 and the left lower extremity radiculopathy is rated at 20 percent from January 8, 2007 to August 18, 2013. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.,Prior to August 19, 2013, the Veteran's left lower extremity radiculopathy is rated at 40 percent. After that date, there is no evidence of muscle atrophy or severe incomplete paralysis, which would warrant an even higher rating.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining private treatment records and scheduling examinations to assess the severity of his service-connected conditions.

The Veteran's appeal involves multiple issues including increased ratings for various service-connected disabilities, a TDIU claim, and the assignment of combined disability ratings. The Board has determined that some claims have been granted while others remain pending.

The Board has remanded the case for additional development, including obtaining VA medical records and providing the Veteran with a VA examination to assess his service-connected lumbosacral strain with degenerative joint disease and bilateral lower extremity femoral radiculopathy.

The appeal is being remanded due to the need for additional medical opinions and records. The Veteran's claim for service connection for sciatic nerve pain, including as secondary to a low back disorder, will be reconsidered.