Radiculopathy & sciatica decisions — 2015

The Veteran's service-connected disabilities, including low back disability and associated bladder disorder, right and left lower extremity radiculopathy, sinusitis, asthma, scar of the lumbar spine, and residuals of a breast lumpectomy, have rendered her in need of regular aid and attendance. She also has been granted special monthly compensation based on this need. Additionally, she is eligible for specially adapted housing due to her permanent and total service-connected disabilities.

The Board has determined that the Veteran was unemployable due to his service-connected disabilities since May 1, 2008. An effective date of May 1, 2008 for the award of a TDIU is granted.

The Board has granted service connection for left hip radiculopathy and low back degenerative disc disease as secondary to the Veteran's service-connected bilateral knee disabilities.

The Veteran's claim for higher initial evaluation and earlier effective date for a service-connected low back disability was denied. The Veteran is currently in receipt of a 60 percent disability rating for the condition, effective October 17, 2007.

The Veteran's service-connected disabilities, including PTSD and degenerative disc disease of the lumbar spine, prevented him from engaging in heavy physical or strenuous manual labor but did not prevent him from performing sedentary work.

The Board found that the Veteran is not precluded from securing or following substantially gainful employment as a result of his service-connected disabilities alone, and therefore, an extraschedular TDIU is not warranted.

The Veteran's claims for increased ratings and service connection were partially granted. He was awarded a 20% rating for his chronic lumbosacral strain since April 19, 2013, but the issues of service connection for bilateral foot pain are still pending.

The Board has determined that the Veteran's back disability was not incurred in service and is not related to his military service. As such, the claim for service connection for a back disability is denied.

The Veteran's appeal is being remanded for additional development, including a new VA examination and an addendum to the April 2010 VA opinion.

The Veteran's lumbar spine disability was rated at 20 percent prior to October 26, 2011 and increased to 40 percent effective October 26, 2011. The right lower extremity sciatic nerve impairment was also rated at 10 percent prior to October 26, 2011 and increased to 20 percent effective October 26, 2011.

The Veteran's cervical spine disability, with associated right and left upper extremity radiculopathy, is currently rated at 10 percent. The claims for increased ratings are granted.

The Veteran's lumbar strain status post laminectomy and associated radiculopathy of the left and right lower extremities have been granted increased evaluations.

The Veteran's right lower extremity radiculopathy is found to be the result of his service-connected low back disability, and thus granted as secondary service connection. The left lower extremity radiculopathy issue remains pending due to lack of jurisdiction.

The Veteran's TDIU claim was granted with an effective date of February 17, 2007, but no earlier. The decision is based on the evidence showing that he had more than marginal employment until February 16, 2007.

The Veteran's service-connected cervical spine disability is currently rated at 20 percent, and his left shoulder radiculopathy at 10 percent. The Board found that the evidence did not support a higher rating based on either condition.

The Board has decided to remand the case due to inadequate opinion from the VA examiner and need for further development.

The Veteran's bilateral leg disorder is found to be secondary to his service-connected lumbosacral spine degenerative disc disease. His current rating for the lumbosacral spine disability remains at 40 percent.

The Board has found service connection for a low back disorder and right lower extremity radiculopathy is granted. The Veteran's current diagnoses are related to his active duty service.

The Board has granted service connection for a low back disability, radiculopathy of the lower extremities (secondary to the low back disability), and tinnitus. The Veteran's current disabilities are related to his active military service.,Tinnitus was found to be less likely as not due to service but more likely due to civilian noise exposure.

The Veteran's service connection claim for right lower extremity radiculopathy was granted, with a 10% rating effective February 2, 2011. The appeal is dismissed as the issue has been resolved.