Radiculopathy & sciatica decisions — 2015

The Veteran's claims for increased ratings for his degenerative disc disease of the lumbar spine and radiculopathy of the left sciatic nerve were denied as there is no evidence of intervertebral disc syndrome or ankylosis, which would warrant higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for increased ratings were denied as his conditions did not warrant a higher rating based on the current evidence of record.

The Veteran's appeal was granted, with a rating of 30 percent for cervical spine IVDS with arthritis and associated left upper extremity radiculopathy. Effective dates were established for the service connection awards.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of his claims.

The Board has remanded the case for a VA addendum medical opinion to address whether the Veteran's sciatic nerve condition and bilateral leg condition are related to military service, including a lightning strike during ACDUTRA.

The Board has determined that the Veteran does not have right lower extremity radiculopathy that is caused or aggravated by his service-connected back disorder.

The Board finds that there is no current evidence of radiculopathy in either upper extremity, and thus service connection for bilateral upper extremity radiculopathy cannot be granted.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and thus denied his claim for TDIU.

The Veteran's claims for increased ratings for cervical spine disability, left and right upper extremity radiculopathy were denied as his conditions did not warrant a higher rating based on the current evidence of record.

The Board has granted service connection for bilateral hearing loss and finds that the Veteran's current back disability is related to his in-service injury. The appeal of service connection for a back disability is addressed in the REMAND portion of this decision.

The Veteran's claims for increased ratings have been denied as the current single 10 percent rating assigned to tinnitus, mechanical lumbar syndrome with recurrent lumbar strain, and sciatica are the maximum schedular evaluations permitted under VA rating criteria.

The Veteran's thoracolumbar spine disability, including degenerative arthritis, and sciatic neuropathy and/or lumbar radiculopathy of the right and left lower extremities are found to be related to his in-service injury. Service connection is granted for these conditions.

The Board denied service connection for radiculopathy of the lower extremities and an acquired psychiatric disorder (claimed as passive aggressive personality with suicide attempt) in August 1986. The claim for special monthly compensation based on need for regular aid and attendance or housebound status was not addressed.

The Veteran's claim for an earlier effective date for a separate rating for left upper extremity radiculopathy is denied as the evidence does not show that a compensable rating was warranted prior to February 24, 2011.,The Veteran's claim for increased ratings for his left ankle disability and left foot disability are denied as there is no evidence of moderate or marked limitation of motion within one year prior to the date of receipt of his claim.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and associated radiculopathy, have rendered him unemployable as of May 12, 2011. The Board finds that a TDIU is warranted based on the combined effect of his service-connected conditions.

The Veteran's radiculopathy of the right and left lower extremities is currently rated at 20 percent, which corresponds to moderate incomplete paralysis of the sciatic nerve. The evidence supports this rating as it indicates moderate symptoms including numbness, tingling, and pain in both legs.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination. The claims for increased ratings for bilateral lower extremity sciatica and for TDIU will be readjudicated after the development.

The Veteran's bilateral pes planus has been rated as 30 percent disabling since August 6, 2013. The Board finds that the symptoms warrant a higher rating prior to this date.

The Board has found that new and material evidence has been received to reopen the claim of service connection for a low back disorder. The Veteran's degenerative disc disease (DDD) of the lumbar spine with arthritic changes is now considered service connected, as are her left lower extremity radiculopathy.

The Veteran's PTSD is rated at 50 percent, GERD at 10 percent, and right leg radiculopathy at 10 percent. The claims for increased ratings are granted.