Radiculopathy & sciatica decisions — 2017

The Veteran is found to be in need of regular aid and attendance due to service-connected disabilities, which includes the need for assistance with activities such as dressing, grooming, preparing meals, attending to personal hygiene needs, taking medications, and protection from environmental hazards.

The Board finds that the Veteran does not meet the criteria for service connection for any of his claimed conditions, as there is no evidence of in-service incurrence or continuity of symptomatology. The claims are denied.

The Veteran meets the schedular requirements for a TDIU, but he is otherwise able to obtain or maintain substantially gainful employment despite service-connected disabilities.

The Veteran's right knee disorder claim is pending. The Board has granted a rating of 40 percent for his lumbar spine disability, and he now meets the criteria for TDIU prior to September 18, 2015. His right lower extremity radiculopathy and left lower extremity radiculopathy are each rated at 10 percent.

The Veteran's additional disabilities of sciatic nerve palsy and heterotopic ossification formation are not considered to be the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded for additional development to properly consider his claim for service connection for a low back disability with radiculopathy.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of prior formal or informal claims filed before June 22, 2010.

The Veteran's claim for a compensable rating for bilateral hearing loss and an earlier effective date for the combined 100 percent rating are both denied.

The Veteran's claims for increased ratings and service connection were denied as he failed to report for scheduled VA examinations. The Board found that his failure to cooperate with VA resulted in the inability to obtain evidence which may have supported his claims.

The Board found no evidence of a chronic low back disability in service or for many years thereafter, and the preponderance of the competent, probative evidence weighs against a finding that any current disorder is etiologically related to any in-service injury.

The Veteran's service-connected disabilities require the factual need for the aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to November 15, 2016. Since that date, his combined scheduler disability rating was 100%, and he is contending that he is unemployable due to a combination of these same service-connected disabilities.

The Veteran's claims for higher ratings for his service-connected cervical and back disabilities were denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to March 23, 2017, for RLE radiculopathy; nor did it support a rating in excess of 20 percent from March 23, 2017, for cervical and back disabilities.

The Veteran's left ankle disability and sciatica of the bilateral lower extremities were not incurred or aggravated by service. The Veteran is granted TDIU.

The Veteran's service-connected disabilities, including spine disorder, depressive disorder, radiculopathy, right foot and left foot degenerative joint diseases, and right knee degenerative joint disease, preclude her from engaging in substantially gainful employment. The Board has granted a TDIU rating.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, diabetes mellitus, PTSD, skin disorder, paralysis of the median nerve, and paralysis of the sciatic nerve. The decision found that there was no evidence of a current disability in most cases and that the presumption of exposure to herbicide agents did not apply due to lack of service in Vietnam.

The Board found that the Veteran's cervical spine disability and radiculopathy of upper extremities did not manifest during service or for many years thereafter, and are not related to injury, disease, or other event in active service. The claims were denied as there is no evidence of a nexus between the current disabilities and service.

The Veteran's back disability, specifically his radiculopathy of the right lower extremity, is rated at 40 percent effective August 5, 2014.

The Board denied the Veteran's claim to reopen service connection for a cervical spine disorder with cervical radiculopathy, finding that new and material evidence had been submitted but that the condition was not incurred or aggravated by service.

The Veteran's service-connected disabilities, including lumbar myositis with painful motion, cervical and upper back myositis, irritable bowel syndrome, left and right C8-T1 radiculopathy, a left varicocelectomy scar, allergic rhinitis, and left and right L5-S1 radiculopathy, preclude the Veteran from securing or following gainful employment.