Radiculopathy & sciatica decisions — 2017

The Board has reopened the Veteran's claim for service connection of his right shoulder tear rotator cuff and granted a rating increase for his nonunited fracture of navicular bone, right foot. The Veteran is also entitled to TDIU.

The Board has granted service connection for a cervical spine disability and radiculopathy of the left upper extremity.,An increased rating of 20 percent is assigned for radiculopathy of the left lower extremity.

The Veteran's claim for a higher initial rating for his low back disability with radiculopathy was not perfected, and the effective date for the assignment of a 60 percent rating is July 11, 2014.

The Veteran's back disability is rated at 40 percent prior to May 6, 2014. The Board has granted a higher rating of 40 percent for the Veteran's back disability.

The Veteran's left lower extremity radiculopathy and right and left hip sprain have been rated based on their respective service-connected conditions, with a 20 percent rating for the period from May 4, 2011 to January 24, 2016, and a 40 percent rating thereafter. The Veteran's right and left hips are currently assigned noncompensable ratings for limitation of flexion.

The Veteran's degenerative joint disease of the lumbar spine is currently rated at 20 percent, and there are no issues regarding service connection for this condition.,For radiculopathy of the right lower extremity (femoral nerve), the Veteran has been granted a 20 percent rating since January 6, 2015. The issue here is whether he should receive an increased rating from March 18, 2014 to January 6, 2015.,Regarding radiculopathy of the right lower extremity (sciatic nerve), the Veteran has been granted a 10 percent rating since March 18, 2014. The issue here is whether he should receive an increased rating from that date to January 6, 2015.

The Veteran's lumbar spine disability is rated at 40 percent since April 15, 2013. His right thigh radiculopathy is rated at 10 percent and his left lower extremity radiculopathy is rated at 10 percent.

The Board has determined that the Veteran does not have right lower extremity radiculopathy and denied service connection for this condition. The Veteran's first degree spondylolisthesis at L5-S1, status post spinal fusion, bulging discs L3 and L4 is currently rated as 40 percent disabling.

The Veteran's low back disability is rated at 40 percent effective May 25, 2017.,The Veteran's right side lumbar radiculopathy is rated at 20 percent effective May 24, 2017.

The Veteran's service-connected lumbar spine and lower extremity disabilities were reduced in rating, but the Board has determined that these reductions were improper.,The Veteran is now granted restoration of his original ratings for his service-connected lumbar spine and lower extremity disabilities.

The Board found that the Veteran's pes planus did not increase in severity during service and denied his claim for service connection. The other issues were either withdrawn or addressed.

The Board has granted the Veteran's claim for a TDIU due to his service-connected disabilities. The reductions in disability ratings from 60 percent to 40 percent for lumbar spine DJD and from 60 percent to 20 percent for diabetes mellitus, type II, were proper as they resulted in reduction of compensation payments.

The Veteran meets the schedular requirement for a TDIU effective from June 3, 2014, and his service-connected disabilities render him unable to obtain or maintain substantially gainful employment.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, resulting in a grant of SMC based on this need.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and missing records.

The Veteran's service-connected conditions do not prevent her from securing and following substantially gainful employment.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment prior to May 1, 2013.

The Board has determined that the original grant of service connection for herniated nucleus pulposus L5-S1; degenerative disc disease L4-L5, L3-L4, and T11 T12; severe lumbar myositis, right L5-S1 radiculopathy, and dysthymia was not clearly erroneous. The severance of service connection for these conditions is therefore improper.

The Veteran's claim for an increased rating for his service-connected back disability was denied, as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine. The Veteran is granted separate compensable ratings (10%) for bilateral radiculopathy of the lower extremities.

The Veteran's upper left disability (C5 radiculopathy) is rated at 30 percent effective February 23, 2016. The lower left disability (L5 radiculopathy) remains rated at 10 percent.