Radiculopathy & sciatica decisions — 2017

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

The Board finds that the evidence is in relative equipoise as to whether the Veteran requires the aid and attendance of another person to protect him in his daily environment due to service-connected disabilities. As such, entitlement to special monthly compensation based on the need for aid and attendance is granted.

The Veteran's service-connected lumbar spine disability, right leg sciatica, and left leg sciatica have not been found to warrant a higher rating based on the severity of his symptoms.

The Veteran's appeal is being remanded for additional examinations and to obtain VA treatment records. The issues of increased ratings for hearing loss, tension headaches, cervical spine disability, and right upper extremity radiculopathy are pending.

The Veteran has withdrawn his appeals for service connection for a back condition as secondary to right knee DJD and radiculopathy of the right lower extremity as secondary to right knee DJD.

The Veteran's appeal involves multiple issues related to his service-connected right and left lower extremity radiculopathy, as well as low back pain with spondylolisthesis at L5-S1 and traumatic facet arthritis. The case is being remanded for additional development including obtaining medical records and scheduling a VA examination.

The Veteran's appeal for increased ratings for cervical spine and upper extremity radiculopathy has been denied as there is no evidence of unfavorable ankylosis or incapacitating episodes. The current rating of 30 percent for the cervical spine disability remains unchanged.

The Veteran's claim for increased ratings for left lower extremity radiculopathy was denied, and the issue of entitlement to a TDIU prior to September 4, 2015 is still pending.

The Veteran's appeal was granted, and he is now receiving a 10 percent rating for radiculopathy of the left lower extremity as secondary to his service-connected back disability.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine with subjective left lower extremity radiculopathy was denied as there is no evidence of ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's claims for higher initial ratings for cervical radiculopathy of the bilateral upper extremities are being remanded due to the need for additional development, including a new VA examination.

The Board has remanded the claim for a TDIU due to incomplete development of evidence, including lack of an opinion addressing combined effects of all service-connected disabilities on employment and impact/significance of associated medications.

The Veteran's lumbar spine disability resulted in a 40 percent rating, effective November 10, 2014. The right and left lower extremity radiculopathies were separately rated at 10 percent each.

The Veteran's service-connected recurring sinusitis was granted an initial compensable rating of 30 percent since May 15, 2015. The Veteran's service-connected lumbar spine disability has been rated as 10 percent disabling throughout the appeal period.

The Veteran's claims for increased evaluations of his service-connected degenerative arthritis of the left sacroiliac joint and radiculopathy, left femoral nerve are being remanded due to the need for additional development.

The Board granted an increased rating of 30 percent for cervical strain with degenerative changes, effective September 21, 2009. The Veteran's service-connected conditions were found to be new and material.

The Veteran's unauthorized medical expenses for treatment from July 17 to July 20, 2012 are granted as the emergency continued through his discharge and VA facilities were not feasibly available.

The Veteran's claims for increased evaluations for his service-connected degenerative disc disease of the lumbar spine, right lower extremity sciatic nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy have been denied as there is no evidence of moderate incomplete paralysis of the sciatic nerves to warrant 20 percent ratings.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's original claim for service connection was received on October 22, 2008. The Board finds that the earliest date for which service connection may be granted is October 22, 2008.