Radiculopathy & sciatica decisions — 2016

The Veteran's claims for service connection for right lower extremity neuropathy and hypertension are being remanded due to the need for additional development of his medical records.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or by reason of being housebound is currently pending. The Board has ordered a remand to obtain an addendum from the VA examiner regarding whether his service-connected disabilities render him in need of regular aid and attendance.

The Veteran is entitled to a TDIU from March 26, 2010 due to his service-connected disabilities.

The Veteran's radiculopathy of the right lower extremity has been granted a 60 percent rating, effective October 31, 2015. The issue of service connection for a knee disability remains pending.

The Veteran's sciatica of the right and left lower extremities was initially rated at 20 percent prior to June 4, 2014. The rating has been maintained at this level.

The Veteran's service-connected herniated lower lumbar disc is rated at 20 percent, and the Board finds that a higher rating on an extra-schedular basis is not warranted. The Veteran's other service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has determined that additional development is needed to obtain the Veteran's complete service treatment records and personnel records. The case will be remanded for this purpose.

The Veteran's claims for increased ratings for his right shoulder, lumbar spine DDD, and right lower extremity radiculopathy have been granted. The Veteran is currently assigned a 20 percent rating for each condition.

The Board has determined that the Veteran's right knee osteoarthritis and chronic lumbar strain with left lumbar radiculopathy are causally related to his service-connected left knee, foot, and ankle disabilities. As such, these conditions have been granted as secondary to those service-connected disabilities.

The Board has determined that the Veteran's current lumbar spine disability is not related to his military service and therefore denied his claim for service connection.

The Veteran's lumbar spine disability is rated at 40 percent, and he meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities, including her amputated left leg and bilateral foot disability, result in a need for the aid and attendance of another person. She is also entitled to specially adapted housing or special home adaptation grant due to her severe lower extremity disabilities.

The Veteran's appeal is being remanded due to his request for a change in the hearing date and location. The case will be scheduled for a hearing at the Montgomery, Alabama RO.

The Veteran's service-connected disabilities result in a physical incapacity such that he requires regular aid and assistance to dress, undress, toileting, bathing, preparing food, and shopping. As a result, the Board finds SMC based on the need for regular aid and attendance is granted.

The Board has granted service connection for type II diabetes mellitus, right lower extremity radiculopathy (claimed as right-sided sciatica), and Peyronie's disease with erectile dysfunction. The Veteran's claims are now resolved in his favor.

The Veteran's claim for service connection for herpes simplex virus is granted. The Board finds that the penile lesion noted in service was at least as likely as not herpes in character, and affords the benefit of doubt to the Veteran.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a supplemental opinion from an examiner regarding whether the Veteran's left knee disability was aggravated by his service-connected thoracolumbar degenerative disc disease or lower extremity sciatica.

The Veteran's low back disability was rated at 20 percent prior to February 12, 2014. From that date forward, the Veteran is entitled to a 40 percent rating for his mechanical low back pain.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that the evidence is in equipoise as to whether his conditions preclude such employment.

The VA examiner found that the Veteran's sciatic nerve impairment is at least as likely as not caused by service, and his right elbow disability is also at least as likely as not related to service. Both conditions are granted.