Radiculopathy & sciatica decisions — 2017

The Veteran's low back strain is rated at 40 percent, effective from the date of this decision. The right lower extremity radiculopathy was initially granted a 10 percent rating prior to August 18, 2011 and subsequently increased to 20 percent thereafter. Service connection for a heart murmur has not been established.

The Board has determined that the Veteran's skin conditions, right testicle disorder, and acquired psychiatric disorder are not related to his active duty service. The Veteran's bilateral lower extremity radiculopathy is also not shown to be related to service or a service-connected disability. Service connection for hearing loss was denied due to lack of evidence meeting criteria under 38 C.F.R. § 3.385.

The Veteran's sleep apnea is found to have begun in service and the Board finds it as likely as not that his current condition began during active duty. The remaining issues are addressed in the REMAND portion of the decision below.

The Veteran's cervical spine disability, including degenerative disc disease and left C7-C8 radiculopathy, has been rated at 30% since the effective date of the decision. This rating is based on forward flexion limited to 15 degrees or less.

The Board finds that the Veteran's lumbar spine disorder with traumatic arthritis, sciatic neuropathy, and degenerative disc disease with radiculopathy is etiologically related to his service-connected coccyx fracture residuals. As a result, the claim for service connection is granted.

The Veteran's service-connected disabilities do not cause unemployability, and the Board finds that TDIU is not warranted.

The Veteran's appeals have been withdrawn due to his request for withdrawal of all issues on appeal.

The Veteran's appeal is being remanded to obtain updated VA examinations and additional medical records. The issues include increased evaluations for his lumbar spine disorder, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity, as well as a TDIU claim.

The Veteran's service-connected conditions, including intervertebral disc syndrome of the lumbar spine and radiculopathy of both lower extremities, have rendered him in need of regular aid and attendance. The Board grants SMC based on this need.

The Board found that the Veteran's current back disability is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and a VA examination to assess the severity of his service-connected low back disability and lower extremity radiculopathy.

The Veteran is granted entitlement to specially adapted housing due to service-connected disabilities that preclude locomotion without the aid of canes or a rolling walker. However, he is denied entitlement to special home adaptation grant as his eligibility for specially adapted housing precludes him from receiving this benefit.

The Veteran's claim for increased evaluations for his low back strain with degenerative disc disease, urinary incontinence, and lower extremity radiculopathy is being remanded due to the need for additional development.

The Veteran's claims for a higher rating for his back disability and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and determining if he is unemployable due to service-connected disabilities.

The Veteran's service-connected disabilities, including diabetes mellitus type II and multiple neuropathies, render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected conditions do not render him unable to obtain or maintain substantially gainful employment, and his TDIU claim is denied.

The Board has remanded the case for additional development, including obtaining an addendum medical opinion and adjudicating claims of entitlement to SMC(l) based on loss of use of the feet and SMC(o) based on paraplegia due to service-connected lumbar spine disability. The appeal is now back before the Board.

The Veteran's low back disability and associated radiculopathy were granted increased ratings, with the right lower extremity radiculopathy receiving a 20 percent rating effective June 23, 2015. The low back disability received a 20 percent rating effective June 23, 2015.

The Board has remanded this case due to the need for further development and adjudication on other pending issues, including the issue of attorney fees. The appeal is currently in a state where it cannot be decided without addressing these other matters.

The Veteran's appeal includes claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the lower extremities. The case is being remanded to obtain additional medical records, conduct a VA examination, and readjudicate the issues.