Radiculopathy & sciatica decisions — 2017

The Board found that the Veteran's current back disability is not causally or etiologically related to service, and arthritis did not manifest within one year of his discharge from service.

The Veteran's kidney disability with hypertension has been rated as 100 percent disabling since May 8, 2013. The radiculopathy of the femoral nerve and sciatic nerve in both lower extremities have been rated at 40 percent each since October 14, 2014.

The Board denied an extraschedular rating for the Veteran's service-connected cervical spine disorder and right cervical radiculopathy, finding that the available schedular ratings adequately reflected his disability picture.

The Veteran's service-connected conditions do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's cervical spine disability, including associated radiculopathy of the upper extremities, is rated at 20 percent. The TDIU claim was granted.

The Veteran's left lower extremity radiculopathy was granted a 20 percent rating effective June 9, 2016.,A TDIU was granted effective June 15, 2016.

The Board has remanded the case for additional development to obtain relevant medical records and provide an addendum VA examination opinion regarding the etiology of the Veteran's right hip sciatica.

The Veteran's claims for increased ratings and separate ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's costochondritis, lumbosacral strain, and right lower extremity radiculopathy have been rated based on their service-connected status. The initial compensable disability rating for costochondritis has not been met due to subjective accounts of pain without functional loss or other evidence of impairment. Increased ratings for the back issues are denied as there is no additional evidence showing more severe symptoms beyond what was already established at the time of the June 2012 decision granting a 10 percent disability rating for right ankle disability.

The Veteran is granted a 60 percent rating for diabetes mellitus, type II from July 20, 2016. He also qualifies for TDIU and SMC at the housebound rate due to his service-connected disabilities.

The Veteran's left lower extremity radiculopathy has been rated at 20 percent since December 4, 2014.

The Board has determined that the Veteran's current obstructive sleep apnea (OSA) is proximately due to, or aggravated by, his service-connected major depression. Therefore, the claim for service connection for OSA is granted.

The Veteran's claim for an increased rating for left lower extremity radiculopathy was denied, with the effective date of the decision being November 15, 2012.

The Veteran's service-connected lumbar spondylosis, left and right lower extremity radiculopathies are currently rated at 20 percent. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Veteran's claims for service connection and increased ratings have been granted. She is currently rated at 20 percent for her thoracolumbar spine disability, effective December 23, 2009.

The Veteran's claims for higher ratings for his stroke residuals have been denied as the evidence does not support a finding of more than mild incomplete paralysis in all radicular groups, moderate incomplete paralysis of the sciatic nerve, or moderately severe incomplete paralysis of the facial nerve.

The Veteran's appeal is remanded for further development of the record, including scheduling a new VA examination to determine the current severity of his service-connected radiculopathy of the right lower extremity.

The Veteran's service-connected disabilities are of such severity prior to October 30, 2015 that they preclude substantially gainful employment.

The Veteran's low back disability is rated at 40 percent disabling from September 23, 2014. The left lower extremity radiculopathy is rated at 20 percent disabling.