Radiculopathy & sciatica decisions — 2016

The Board has determined that further development is necessary before the appeal can be decided, including obtaining VA treatment records and providing an addendum opinion regarding the Veteran's service connection claims.

The Veteran's claims for degenerative changes of the lower back with new onset facet fracture, erectile dysfunction, and radiculopathy of the left lower extremity were granted effective February 13, 1970.

The Board has determined that the Veteran does not have diagnosed conditions of bilateral upper and lower extremity radiculopathy, bilateral upper and lower extremity neuropathy, a bilateral hip disorder, a bilateral ankle disorder, or a bilateral knee disorder. The cervical spine disorder is also denied as it was not caused by service-connected disability.

The Veteran's appeal has been withdrawn due to his request for withdrawal of all issues on appeal.

The Board has granted service connection for left lower extremity radiculopathy as secondary to the service-connected low back disability. The effective date of this award is October 6, 2011, which was the first date the disability was shown by objective evidence.

The Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy provide a greater benefit than nonservice-connected pension, so the claim for NSC pension benefits is dismissed.

The Board has granted the appellant service-connected burial benefits and reimbursement for transportation expenses related to her father's burial in a U.S. National Cemetery, as his death was due to a service-connected disability.

The Veteran's claims for increased ratings and TDIU were granted, with the right leg sciatica receiving a 60 percent rating effective from January 21, 2010. The left leg radiculopathy received a 20 percent rating effective from January 22, 2013, due to worsening symptoms reported by the Veteran. TDIU was granted since July 26, 2011.

The Board has determined that the Veteran's service-connected sciatic radiculopathy of the lower extremities substantially contributed to his death, and thus grants DIC benefits based on service connection for the cause of death.

The Veteran's service-connected disabilities, especially residuals of lumbar strain, left and right knee chondromalacia, left and right ankle strains, and left and right foot plantar fasciitis with hallux valgus, preclude him from securing or following a substantially gainful occupation. The Board grants a TDIU.

The Veteran's claim for TDIU was denied due to the presence of other non-service-connected disabilities. The Board has decided that a remand is necessary to obtain an opinion on whether his service-connected lumbar spine disorder and associated left leg radiculopathy render him unemployable, separate from any other disability.

The Veteran's service-connected lumbar spine disability with radiculopathy has prevented him from obtaining or maintaining substantially gainful employment throughout the period on appeal.

The Veteran's low back disability is rated at 10 percent, effective May 8, 2015. The Board found that the evidence did not support a higher rating prior to that date.

The Board found that the Veteran's radiculopathy of the left lower extremity is manifested by symptoms that approximate no more than mild incomplete paralysis, and thus granted a 10 percent disability rating.

The Veteran has withdrawn his appeal regarding the initial rating for left lower extremity L5-S1 radiculopathy, prior to September 2, 2014, and from September 2, 2014.

The Veteran's claim for an increased rating for his low back disability was denied, and the TDIU claim was also denied as he did not meet the percentage rating standards to be considered for individual unemployability.

The Veteran's lumbar spine disability was rated at 20 percent prior to February 25, 2014 and increased to 40 percent on or after that date. The TDIU claim is granted effective October 7, 2013.

The Veteran's lumbosacral strain with associated radiculopathy was evaluated, and the RO found that a rating in excess of 40 percent is not warranted. The temporary total rating for hospital treatment from November 27, 2011 to February 29, 2012 was granted. Separate ratings for left lumbar radiculopathy (20%) and right lower extremity radiculopathy (20%) were assigned.

The Veteran's claims for service connection for various conditions, including a back disorder, bilateral lower extremity sciatica, hypertension, right and left hip disorders, and atrophy of the leg are all denied as secondary to his service-connected bilateral knee disabilities.

The Veteran's claim for an increased rating in excess of 20 percent for his low back strain with sciatic nerve, right leg involvement was granted. He is now rated at 40 percent effective July 29, 2015.