Radiculopathy & sciatica decisions — 2015

The Veteran's appeal is being remanded for additional development, including scheduling an examination during a period of flare-up and obtaining a medical opinion regarding the cause of his stroke.

The Veteran's appeal of the issue of service connection for irritable bowel syndrome (IBS) has been dismissed due to his withdrawal request.

The Veteran's claim for service connection for a back disorder, including scoliosis and degenerative disc disease with radiculopathy, is being remanded due to the need for additional development.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include PTSD, left lower extremity radiculopathy, lumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right knee internal derangement, and left knee arthritis. The Veteran's overall picture indicates that he needs constant supervision due to his service-connected disabilities.

The Veteran's sciatic nerve impairment of the right lower extremity is rated at 10 percent, erectile dysfunction and bladder impairment are each rated at 10 percent. The Veteran does not meet criteria for a higher rating or separate ratings for these conditions.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds no basis to grant a higher rating.,Prior to May 27, 2015, the Veteran's hypertension was rated at 10 percent. From May 27, 2015, forward, it has been rated at 20 percent. The evidence does not support a higher rating for either period.,The Veteran's status-post discectomy and laminectomy with herniated nucleus pulposus at L4-5 was initially rated as 10 percent prior to May 27, 2015, and has been increased to 40 percent from that date. The radiculopathy of the right lower extremity was initially rated as 10 percent prior to May 27, 2015, and has been increased to 20 percent from that date. The radiculopathy of the left lower extremity was granted a separate 20 percent rating effective May 27, 2015.,The Veteran's radiculopathies are rated under Diagnostic Codes 8520 and have been increased to reflect their severity based on the degree of impairment they cause. The Board finds no basis for granting higher ratings in either case.

The Board has granted an effective date of March 15, 1979 for the grant of TDIU on an extraschedular basis due to the Veteran's service-connected disability preventing him from securing and following any substantially gainful occupation.

The Veteran's cervical spine disability is currently rated as 10 percent disabling. The Board found that the evidence did not support a higher rating based on functional loss or impairment, and denied his claim for an increased rating.

The Veteran's claim for TDIU is being remanded due to the need to obtain a copy of any SSA decision regarding her entitlement to disability benefits.

The Board has granted a 20 percent rating for the service-connected low back disability and a 10 percent rating for the service-connected right lower extremity radiculopathy, effective from the date of the August 2015 rating decision.

The Veteran's headaches, right lower extremity radiculopathy, and GERD have been granted increased evaluations. The sinusitis issue remains unresolved.

The Veteran's lumbar spine disability and associated radiculopathies of the lower extremities have been granted a combined rating of 20 percent, effective since November 10, 2010.

The Veteran's service-connected disabilities do not render him unable to care for his daily needs without requiring the regular aid and attendance of another person; and he is neither bedridden nor housebound.

The Board has determined that the Veteran's low back disorder is related to his active service, and thus service connection for this condition is granted.

The Board has denied service connection for diabetes mellitus, right carpal tunnel syndrome, left carpal tunnel syndrome, a back disorder, and radiculopathy of the left upper extremity and each lower extremity. The Veteran's current conditions are not considered to be related to her military service.

The Board has determined that the VA examinations and opinions are inadequate for the issues of PTSD, arthritis of the neck, low back, and left side, cervical radiculopathy of the left upper extremity, right knee disability, headaches, hearing loss, a disability to account for joint and body aches, and sore throat. The claims are being remanded for further development.

The Veteran's claims for service connection were denied as the evidence did not support a finding of service connection for any claimed conditions. The Veteran was granted a non-compensable rating for his degenerative joint disease of the lumbar spine.

The Veteran's service-connected lumbar spine disability, including left leg radiculopathy, is currently rated at 40 percent disabling. The increased rating and separate rating for the neurological manifestation are granted.

The Veteran's depressive disorder is rated at the highest possible rating under the applicable criteria, but his lumbar spine disorder does not meet or nearly approximate the criteria for a higher rating.,His migraine headaches are currently rated as 30 percent disabling and do not meet or nearly approximate the criteria for a higher rating.

The Board has determined that additional development is needed in this case, including obtaining relevant medical records and scheduling the Veteran for examinations to determine the current severity of his service-connected lumbar spine disability, radiculopathy of the left lower extremity, and right hip condition. The TDIU issue must also be remanded as it is inextricably intertwined with the higher rating claims.