Radiculopathy & sciatica decisions — 2017

The Veteran's combined disability rating has been consistently at 80 percent since March 9, 2006. The Board finds that the criteria for a higher rating have not been met.

The Veteran's left lumbar radiculopathy is rated at 20 percent prior to January 15, 2015. The appeal was granted as the Veteran's condition meets the criteria for a 20 percent rating.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain gainful employment.

The Veteran's degenerative joint disease of the lumbar spine and radiculopathy of the right lower extremity have not met the criteria for a higher disability rating since April 16, 2009.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy have been evaluated based on their current manifestations, with no higher ratings granted due to the lack of ankylosis or incapacitating episodes meeting specific criteria.

The Veteran's service-connected radiculopathy of the right and left lower extremities, along with other disabilities, has rendered him unable to secure or follow a substantially gainful occupation. The TDIU claim is granted.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to June 1, 2013.

The Board found that the Veteran's cervical spine disorder, to include radiculopathy of the bilateral upper extremities, did not manifest during service or within one year following service and thus is not presumed. The evidence does not establish continuity of symptomatology after service. Therefore, the claim for service connection was denied.

The Veteran's sleep apnea is found to be proximately due to his service-connected PTSD. The Board also finds that a rating in excess of 10 percent for diverticulosis and left lower extremity radiculopathy is not warranted.

The Veteran's appeal is granted, with service connection for degenerative disc disease of the lumbar spine and left leg sciatica with intervertebral disc syndrome established. Effective July 25, 2012, he was awarded a 30 percent rating for adjustment disorder with mixed emotions and conduct, depression and primary insomnia (claimed as posttraumatic stress disorder). The Veteran's effective dates are granted for the service connection determinations.

The Veteran's appeal is granted, with a 10 percent rating for lumbosacral strain with degenerative changes effective June 2, 2010. Service connection for left lower extremity sciatica, claimed as disability of the left hip, left leg, and left foot, to include as due to service-connected low back disability is granted.

The Veteran's sleep apnea is found to be etiologically related to his service-connected PTSD, and the claim for service connection for this condition is granted.

The Veteran's claims for service connection have been withdrawn due to his request in a March 2017 statement.,The Veteran's claims for service connection and ratings related to hearing loss, psoriasis, and secondary disabilities are dismissed as the issues were withdrawn.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine warrants a 20 percent rating, and her radiculopathy of the right and left lower extremities each warrant separate 20 percent ratings.

The Board denied the Veteran's claims for increased evaluations for her service-connected lumbar spine disability, bilateral shoulder disabilities, cervical spine disability, and upper extremity neurological impairments. The evaluation for DDD of the lumbar spine was found to be inadequate prior to June 21, 2016.

The Veteran's low back strain and radiculopathy of the lower extremities have been rated at 40 percent for purposes of accrued benefits, reflecting a finding of moderate incomplete paralysis.

The Veteran is granted effective dates of January 13, 2009 for the grant of service connection for left and right lower extremity radiculopathy. He is also granted a rating in excess of 40 percent from April 23, 2015, for his service-connected lumbar spine disability.

The Veteran's service-connected disabilities do not render him unable to care for his daily needs without requiring the regular aid and attendance of another person, and he is not bedridden. Therefore, special monthly compensation based on the need for aid and attendance is denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability and radiculopathy.

The Board has determined that the Veteran's service-connected C5-C6 radiculopathy of the right upper extremity does not warrant a rating in excess of 10 percent. Additionally, the Veteran is unable to secure or follow substantially gainful employment due to her non-service connected disabilities and therefore TDIU is denied.