Radiculopathy & sciatica decisions — 2017

The Veteran's claims for increased ratings for his left ankle disability, lower back disability, and left lower extremity radiculopathy have been denied. The VA has provided appropriate examinations and considered all relevant evidence of record.

The Veteran has withdrawn his appeal of the issues of nonservice-connected pension benefits and special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound. The Board is dismissing these claims.

The Veteran's appeal is being remanded for further development and examination to determine the severity of his low back condition and radiculopathy in each lower extremity.

The Board has granted service connection for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity as secondary to service-connected degenerative disc disease of the lumbar spine, finding that there is a continuity of symptoms since service.

The Veteran withdrew his appeal regarding the earlier effective dates for separate evaluations of sciatic nerve radiculopathy of the lower extremities, secondary to service-connected degenerative osteoarthritis and disc disease of the thoracic and lumbar spine.

The Board has determined that the Veteran does not have current diagnoses of hemorrhoids, lumbar spine disability, lower extremity radiculopathy, bilateral knee disabilities, or an acquired psychiatric disorder (depressive disorder) related to service. The right hip disability is also not supported by evidence.

The Veteran's lumbar spine disability is rated at 40 percent, with separate ratings for L4-L5 radiculopathy of the left and right lower extremities. The claim for increased rating remains granted.

The Veteran's left lower extremity radiculopathy is rated at 60 percent, and his right lower extremity radiculopathy is rated at 40 percent. The Board has granted an extraschedular rating for the service-connected back and bilateral lower extremities disabilities.

The Veteran's back disability is rated at 40 percent, effective October 6, 2015. His left lower extremity radiculopathy is also rated at 40 percent.

The Board is remanding the case to determine if the Veteran has sciatica and whether it is related to service or his service-connected lumbar spine disability. The AOJ should obtain any relevant medical records and provide an opinion from a VA examiner regarding these issues.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his back disability and associated left lower extremity radiculopathy.

The Veteran's right side lower extremity radiculopathy symptoms from January 1, 2011 through July 16, 2015 approximated no more than moderate incomplete paralysis of the sciatic nerve.,From July 17, 2015, the Veteran's right side lower extremity radiculopathy symptoms approximated no more than mild incomplete paralysis of the sciatic nerve.

The Board found that the Veteran's current low back disability and arthritis did not have its onset during service, nor is there evidence of a relationship between his in-service injury and his current conditions. The preponderance of the evidence does not support granting service connection for these conditions.

The Veteran's lumbar spine disability and radiculopathy of the lower extremities have been granted initial ratings, with the lumbar spine disability receiving a 20 percent rating from March 6, 2008 to prior to August 25, 2008.

The Veteran's appeal is being remanded due to the addition of substantial medical evidence since the September 2010 Supplemental Statement of the Case and because there is no statement of the case for an earlier effective date for service connection for a cervical spine disability. The issues of increased rating for lumbar spine disability, service connection for bilateral lower extremity lumbar spine radiculopathy, and earlier effective date for cervical spine disability are being remanded.

The Veteran's left lower extremity radiculopathy has been rated at 10 percent since April 19, 2007. The Board found that the disability did not more nearly approximate severe incomplete paralysis of the posterior tibial nerve and denied a higher initial rating.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination to assess the current status of his service-connected low back disability and right sciatica.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and conducting a new examination.

The Veteran's peripheral neuropathy of the right sciatic nerve is rated at 20 percent, which approximates moderate incomplete paralysis. The initial rating in excess of 10 percent for service-connected bilateral hearing loss from April 4, 2012 remains unchanged.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.