Radiculopathy & sciatica decisions — 2016

The Veteran is not entitled to service connection for a right knee disorder, as it is due to normal aging and did not manifest within one year of separation from service.,The Veteran's back disability is related to his period of active military service.

The Veteran's claim of an increased rating for his service-connected back disability is being remanded due to the need for additional development, including obtaining treatment records and readjudicating the issue.

The Board has granted a 20 percent rating for the Veteran's low back disability, effective from February 22, 2005. Separate ratings of non-compensable (zero percent) have been assigned for left and right lumbar radiculopathy.

The Board has remanded the case for another VA examination to determine the current manifestations and effects of the Veteran's lumbosacral strain, degenerative disc disease, and right lower extremity radiculopathy.

The Veteran's right and left lower extremity radiculopathy have not been shown to be more than moderate in severity since September 14, 2012. As such, the requested increased ratings are denied.

The Veteran's lumbar spine disability resulted in forward flexion to 30 degrees or less but did not result in unfavorable ankylosis of the entire thoracolumbar spine, intervertebral disc syndrome resulting in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, or associated objective neurologic abnormalities other than radiculopathy of the bilateral lower extremities. The Veteran's radiculopathy of the right and left lower extremities approximated no more than moderate incomplete paralysis.

The Veteran's claim for an increased rating for radiculopathy of the right lower extremity is being remanded due to scheduling issues.

The Veteran's sciatica of the right lower extremity has been rated at 20 percent since October 29, 2015.

The Board denied entitlement to increased ratings for the Veteran's lumbar spine disability prior to May 11, 2011 and right hip disability prior to November 6, 2007.

The Board has decided to remand the Veteran's claims for additional examinations and development due to inconsistencies in his hearing loss claim and the need for updated medical evidence regarding his sciatic nerve neuropathy.

The Board has remanded the claim for further examination and opinion regarding service connection for bilateral lower extremity radiculopathy, including as secondary to service-connected low back disability and/or bilateral knee chondromalacia. The issue of whether lumbosacral DDD is secondary to service-connected lumbosacral strain has also been raised.

The Veteran's low back disability, including radiculopathy of the right and left lower extremities, was granted an increased rating to 40 percent effective August 25, 2014. The issue of a TDIU remains pending.

The Veteran's TENS unit and right knee brace caused wear and tear to his clothing, which resulted in a clothing allowance for the year 2014.

The Veteran's claim for increased ratings for residuals of lumbar injury and radiculopathy of the lower extremities has been granted. The Veteran is currently rated 10% for both right and left lower extremity radiculopathy, effective January 11, 2010.

The Veteran's service-connected disabilities do not render her unable to care for herself without requiring the regular aid and attendance of another person.

The Veteran is entitled to an effective date of December 12, 2012 for the award of TDIU due to service-connected PTSD and other disabilities. The Veteran's PTSD alone precludes her from securing or following a substantially gainful occupation.

The Board denied all claims for increased evaluations, finding that the Veteran's spine disability did not meet or approximate criteria for a higher rating prior to November 30, 2012, and in excess of 40 percent thereafter. The radiculopathy of the lower extremities was evaluated under the appropriate diagnostic codes.

The Veteran's appeal has been withdrawn by his authorized representative, and thus the case is dismissed.

The Veteran's initial claims for service connection were received by VA less than one year after he separated from active service, and the disabilities originated while he was serving on active duty. The effective date of the awards is set to October 1, 2006.

The Board denied earlier effective dates for the awards of service connection and increased ratings for right and left lower extremity radiculopathy. The Veteran's claims are denied.