Radiculopathy & sciatica decisions — 2017

The Veteran's right leg neuropathy is currently rated at 40 percent, the maximum schedular rating available under Diagnostic Code 8521. The Board finds that a higher disability rating is not warranted as there is no evidence of complete paralysis or severe incomplete paralysis of the sciatic nerve.

The Veteran's service-connected disabilities, including severe osteoarthritis in his knees and degenerative joint disease of the spine, have rendered him unable to dress, feed himself, or perform daily activities without significant assistance. The Board finds that he meets the criteria for SMC based on the need for regular aid and attendance from another person.

The Veteran's appeal has been dismissed as he/she has withdrawn the appeals for increased ratings for back and leg conditions, as well as TDIU prior to October 21, 2013.

The Veteran's appeal has been dismissed due to his election to receive VA pension instead of compensation benefits.

The Board has determined that there is no evidence of radiculopathy of the right lower extremity, and therefore service connection cannot be granted for this condition.

The Board found that the Veteran's claimed conditions, including migraine headaches, left knee disability, right knee disability, low back disability, sciatic nerve disability, and depressive disorder, are not related to service. The preponderance of evidence did not support a finding of service connection for any of these conditions.

The Board granted a disability rating of 40 percent for the right lower extremity radiculopathy and 20 percent for the left lower extremity radiculopathy disabilities, effective from December 11, 2014 to June 1, 2015. The Veteran's TDIU claim was also granted.

The Veteran's appeal is being remanded for a Board hearing before a Veterans Law Judge sitting at the RO. The issues include increased ratings for spondylolisthesis L5-S1 with left sciatica and hypertension, service connection for acid reflux, depression, and a skin rash, and an earlier effective date for total disability rating based on individual unemployability and Dependents' Educational Assistance under 38 U.S.C.A. Chapter 35.

The Veteran's service-connected right and left upper extremities have symptoms of incomplete paralysis, but do not meet the criteria for a higher evaluation under any applicable rating code.

The Veteran's appeal is denied as his service-connected disabilities do not meet the criteria for a higher rating or service connection for an acquired psychiatric disorder, bilateral hearing loss, sinusitis, peptic ulcer disease, radiculopathy of the left upper and lower extremities, degenerative arthritis of the cervical and lumbar spine.

The Veteran has withdrawn his appeal for all service connection claims.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and a new VA examination. The case will be referred to the Director of Compensation and Pension Service for extraschedular consideration of his TDIU claim and increased rating claim.

The Veteran's TDIU claim is granted as his service-connected disabilities, including a lumbar spine disability, left shoulder strain with bursitis, and enlarged prostate, are found to be so severe that they preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's lumbar DDD/IVDS, left and right lower extremity radiculopathies, and PTSD were evaluated based on their respective symptoms. The appeals for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's lumbar spine disability is rated as 20% prior to March 22, 2012 and thereafter as 40%. The right lower extremity radiculopathy was granted a 20% rating from July 9, 2008 to May 25, 2012. From May 25, 2012 onwards, the Veteran's left lower extremity radiculopathy is rated as 20%. The right knee arthritis was granted a 20% rating from August 14, 2009 to April 9, 2013. TDIU has been granted.,The Veteran's lumbar spine disability is rated as 20% prior to March 22, 2012 and thereafter as 40%. The right lower extremity radiculopathy was granted a 20% rating from July 9, 2008 to May 25, 2012. From May 25, 2012 onwards, the Veteran's left lower extremity radiculopathy is rated as 20%. The right knee arthritis was granted a 20% rating from August 14, 2009 to April 9, 2013. TDIU has been granted.

The Veteran is entitled to specially adapted housing due to her service-connected disabilities, including left lower extremity radiculopathy and lumbar degenerative disc disease. The issue of a special home adaptation grant is dismissed as moot.

The Board has determined that the Veteran's current lumbar spine disability is not related to his active service, and therefore denied service connection for this condition.,Regarding the bilateral foot disability, the Board found no evidence of a separate diagnosis other than radicular pain secondary to the Veteran's lumbar spine disorder. Service connection was also denied.

The Board finds that the Veteran's current cervical spine degenerative disease with radiculopathy began during his active duty service and is therefore granted service connection.

The Board found that an effective date prior to June 13, 2012 for the grant of a TDIU is denied as the Veteran was not shown to be unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board denied higher ratings for the Veteran's low back disability and radiculopathy of the lower extremities, finding that the evidence did not support a need for increased ratings based on current symptomatology.