Radiculopathy & sciatica decisions — 2016

The Veteran's appeal is being remanded due to incomplete compliance with previous remand instructions and the need for additional medical opinions regarding nerve disorders.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as his employment is full-time and he has maintained it throughout the period on appeal.

The Board denied the motion to revise its April 2015 decision awarding separate ratings for radiculopathy in each lower extremity associated with the service-connected spine disability on the basis of clear and unmistakable error (CUE).

The Veteran's claims for increased initial disability ratings are being remanded to obtain additional medical opinions and to ensure all relevant records have been considered.

The Veteran's LUE disability, including gout and polyradiculopathy, was not service-connected.,However, the Veteran received separate ratings for his TBI-related headaches (30%), depressive disorder (50%), and tinnitus (10%).

The Veteran is not rendered unable to obtain (secure) or maintain (follow) substantially gainful employment as a result of service-connected disabilities for any period.

The Veteran's low back disability and left lower extremity radiculopathy have been rated, but he is not entitled to higher ratings or a TDIU on an extra-schedular basis.

The Veteran's sciatic neuropathy of the bilateral lower extremities has been granted a staged rating of 20 percent beginning November 3, 2015.

The Veteran's claims for service connection for right and left knee, ankle disabilities, dental trauma to teeth #6, #7, #8, and #9 have been granted. The Veteran is also entitled to a higher initial rating for his lumbar radiculopathy with sciatica (RLE) and insomnia disorder with chronic pain.

The Board has granted service connection for right ear hearing loss, finding that the evidence is at least in equipoise on whether it had its onset during service. The lumbar spine disorder with associated radiculopathy claim must be remanded due to a failure to issue a Statement of the Case (SOC).

The Board has granted service connection for chronic cough and assigned a 20 percent rating for the back disability. Other disabilities have been rated based on their specific criteria.

The Veteran's service-connected degenerative disc disease of the lumbar spine with radiculopathy was evaluated at a 20% rating prior to August 1, 2008. The evidence did not support a higher rating as there were no findings of ankylosis or incapacitating episodes.

The Veteran's claim for higher ratings for his service-connected low back disability and radiculopathies was denied. The Board found that the evidence did not meet the criteria for a higher rating based on incapacitating episodes or limitation of motion under the General Rating Formula, nor did it show unfavorable ankylosis of the thoracolumbar spine.

The Veteran's DDD lumbar spine is rated at 20 percent disabling, and the Board finds that a higher rating is not warranted based on current evidence of record.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's cervical spine disability, left hip radiculopathy, and right hip radiculopathy are service-connected. The Veteran's upper extremity disabilities and hemorrhoids are not service-connected.

The Veteran's right upper extremity radiculopathy has been rated at 40 percent, the highest available rating under Diagnostic Code 8513 for moderate incomplete paralysis of all radicular nerves. The right lower extremity diabetic peripheral neuropathy remains at a 20 percent rating.

The Veteran's appeal is denied as the evidence does not support a higher rating for his lumbar spine disability or TDIU.

The Veteran seeks SMC in excess of the intermediate rate between 38 U.S.C. � 1114(n) and (o) plus (k). The case is REMANDED to determine if the Veteran needs regular aid and attendance or a higher level of care due to service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected disabilities.