Radiculopathy & sciatica decisions — 2016

The Veteran's right ear hearing loss, lumbar degenerative joint disease (DJD), and left leg radiculopathy have been granted service connection. A higher rating of 60 percent for CAD has also been granted.

The Veteran's acquired psychiatric disorder, to include PTSD, is found to be related to his service. The Board grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including a new VA orthopedic examination to correct deficiencies in the current cervical spine evaluation.

The Veteran's lumbar spine disability has been rated at 40 percent, the maximum schedular rating available. Separate 10 percent ratings have also been assigned for bilateral lower extremity radiculopathy.

The Veteran's cervical spine disability has been manifested by subjective complaints of neck pain with objective findings of forward flexion to 40 degrees, which is considered slight limited motion. The disability does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to their impact on his ability to walk and use assistive devices.

The Board has determined that the Veteran's service-connected disabilities did not cause or contribute to his death, and therefore, he cannot be granted service connection for the cause of his death.

The Board has determined that the Veteran's service-connected DJD of the lumbar spine warrants a 20 percent rating, but not higher. Separate ratings for radiculopathy of the right and left lower extremities are granted.

The Board has assigned a 10 percent rating for the Veteran's service-connected radiculopathy of the left lower extremity effective August 5, 2011.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected degenerative disk disease lumbosacral spine and radiculopathy of the right lower extremity, as well as any additional objective neurological abnormalities. The issue will be returned to the Board after the examination.

The Veteran's initial rating for radiculopathy of the left lower extremity was granted at 20 percent, effective March 7, 2006. The Board found that a higher initial rating is not warranted prior to December 8, 2006 and has now determined that a 60 percent rating is appropriate from December 8, 2006.

The Veteran's claims for service connection have been granted for migraines and chronic fatigue syndrome or SEID. The other claims were denied due to lack of evidence linking the conditions to service.

The Veteran's claim for service connection of PTSD is reopened, and his headaches are rated at 30 percent. His lumbar degenerative arthrosis and radiculopathy are each rated at 10 percent. The Board finds that the Veteran is unemployable due to his disabilities and grants TDIU on an extraschedular basis.

The Veteran's claim for an annual clothing allowance is being remanded due to the need for a certification regarding the use of her right knee brace, which tends to wear or tear her clothing. The VAMC will review the record and provide a determination.

The Board granted separate 10 percent disability ratings for radiculopathy of the left and right lower extremities associated with the Veteran's service-connected lumbar spine disability. The Veteran appealed, and the Court partially vacated the June 2015 decision to grant a 20 percent rating for sciatica of the right lower extremity.

The Veteran's increased ratings for his low back disability, right and left lower extremity radiculopathies, and plantar callus and bone spur of the left foot are granted.

The Veteran's low back disability was rated at 40 percent from April 30, 2008 to October 6, 2013 and from February 1, 2014. The Board found that the criteria for a higher rating were not met during this period. However, with reasonable doubt resolved in favor of the Veteran, he was granted an extraschedular TDIU based on his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examinations and development of records.

The Board has determined that the Veteran is not entitled to an effective date earlier than October 19, 2009 for the grant of service connection for his cervical spine disability and radiculopathy of the left upper extremity. The claims are denied.

The Veteran's left and right lower extremity sciatica have been rated based on the criteria for incomplete paralysis of the sciatic nerve. The Veteran is granted initial ratings of 40 percent for left lower extremity sciatica and 20 percent for right lower extremity sciatica.