Radiculopathy & sciatica decisions — 2017

The Veteran's claim for increased evaluation for his service-connected chronic lumbosacral strain with radiculopathy is being remanded due to the need for a new VA examination and consideration of outstanding treatment records.

The Veteran's adjustment disorder is rated at 70 percent, effective from the date of claim. The Veteran's erectile dysfunction does not meet the criteria for a compensable rating.,The Veteran has been granted special monthly compensation (SMC) based on loss of use of his creative organ due to erectile dysfunction.

The Board has decided to remand the Veteran's claims for further development due to inadequate findings from a previous VA examination and the need to obtain additional records.

The Board has granted service connection for sciatic radiculopathy of the right lower extremity as secondary to a service-connected lumbar spine disability, effective July 21, 2008. The Veteran's claim was part of his appeal for an increased rating for his lumbar spine disability.

The Board has remanded the issue of TDIU due to a hearing being scheduled at the RO.

The Board granted a disability rating of 20 percent for the Veteran's service-connected left L4 radiculopathy, effective March 2, 2015. The Veteran also had his claim for depressive disorder reopened and granted.

The Veteran's right lower extremity radiculopathy has been rated at 10 percent since the effective date of service connection, and remains so rated.,Prior to April 22, 2015, the Veteran's left lower extremity radiculopathy was also rated at 10 percent. Since that date, it is now rated at 20 percent.

The Veteran's right lower extremity radiculopathy is currently rated as 20 percent disabling prior to August 19, 2015 and 40 percent disabling beginning from that date. The left lower extremity radiculopathy is also rated at 40 percent since the effective date of service connection.,The Veteran's low back disability is currently rated as 40 percent disabling.

The Board has determined that there are outstanding VA treatment records from 1995 to the present which have not been associated with the claims file. The case is REMANDED for these records to be obtained and reviewed.

The Board has remanded the case due to the need for additional development, including obtaining private treatment records and VA clinic records.

The Board has determined that the Veteran's current disability of the lumbar spine, diagnosed as chronic strain and degenerative arthritis with left lower extremity radiculopathy, is due to injury in service. As such, the criteria for service connection have been met.

The Board has remanded the case for further development and readjudication due to failure to comply with previous remand directives.

The Veteran's claim for a higher evaluation for spondylolysis of the L5 is denied.,For the period prior to November 9, 2012, entitlement to a compensable evaluation for right and left lower extremity radiculopathy is denied. Beginning November 9, 2012, entitlement to an evaluation in excess of 20 percent for right and left lower extremity radiculopathy is also denied.,The Veteran's claim for TDIU prior to November 9, 2012, on an extraschedular basis, is addressed in the REMAND portion of this decision.

The Veteran's claim for an increased rating for his lower back disability and initial rating for his left leg radiculopathy was denied. The lower back disability is currently rated at 40 percent, while the left leg radiculopathy is rated at 10 percent.

The Veteran's combined evaluation for his service-connected lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy is currently at 50 percent. The claims for increased evaluations are denied as the evidence does not support a higher rating.

The Veteran's lumbar spine disability and right lower extremity radiculopathy have been rated at 10 percent prior to August 5, 2005. From that date, the Veteran is now rated at 20 percent for his service-connected conditions.

The Veteran's claim for an earlier effective date for the grant of service connection for radiculopathy based on clear and unmistakable error (CUE) is denied. The appeal does not involve a determination regarding service connection.

The Board denied the Veteran's claims for increased ratings for his service-connected degenerative disc disease of the thoracolumbar spine and left lumbar radiculopathy, as well as his claim for a TDIU. The evidence did not meet the criteria for higher evaluations under the applicable rating schedule.

The Board has determined that additional medical evidence is needed to properly rate the Veteran's radiculopathy of the bilateral lower extremities. The claims are being remanded for further development.

The Board has remanded the case for additional development due to incomplete records and need for an updated VA examination.