Radiculopathy & sciatica decisions — 2017

The Veteran's lumbar spine condition, including associated radiculopathy, is currently rated at 20 percent. The Board has granted a separate rating for each lower extremity radiculopathy issue.

The Veteran is entitled to specially adapted housing due to multiple disabilities, including the loss or loss of use of one lower extremity together with residuals of organic disease or injury that so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. The special home adaptation grant claim is moot.

The Veteran's back disability is rated at 20 percent, effective from the date of his claim. His right lower extremity radiculopathy is also rated at 20 percent.

The Veteran's cervical spine disorder, low back disorder, and associated upper and lower extremity radiculopathy are service-connected.,The Veteran's acquired psychiatric disorder (PTSD and neuropsychological disorder) is service-connected.,The Veteran's sleep disorder, fibromyalgia, multiple joint and muscle pain, hemorrhoids, recurrent headaches, cardiovascular disorder, gastrointestinal disorder, respiratory disorder, and left eye injury are not service-connected.

The Veteran is seeking service connection for a cervical spine disability. The Board has determined that additional development, including obtaining medical opinions and records, is needed to properly adjudicate his claim.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbosacral strain and sciatica. The issues on appeal are related to increased evaluations for these conditions.

The Veteran's claims for increased ratings for low back disability, bilateral lower extremity radiculopathy, and headaches are being remanded due to the need for additional development including new VA examinations.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment since September 16, 2010. The Board has granted a TDIU effective from that date.

The Board denied service connection for a cervical spine disability and a neurological disability of the left upper extremity, finding that there was no evidence linking these conditions to service or any presumptive exposure.

The Veteran's service-connected disabilities, specifically his back disability, preclude him from obtaining and maintaining both physical and sedentary employment.

The Board has determined that the Veteran's spouse requires regular aid and attendance due to physical incapacity resulting from multiple service-connected disabilities, which meets the criteria for increased compensation based on the need of the Veteran's spouse for regular aid and attendance.

The Veteran's cervical spine disorder is rated at 60 percent since April 6, 2016.,His stomach disorder (small sliding hiatal hernia) is rated at 30 percent since February 1, 2008 to April 5, 2016. The Veteran's TDIU claim remains on appeal for the period prior to April 6, 2016.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, and scheduling the Veteran for appropriate VA examinations to assess the severity of his service-connected thoracolumbar spine, right lower extremity radiculopathy, and prostatitis/epididymitis disabilities.

The Veteran has withdrawn his appeals for increased disability ratings for service-connected lumbosacral strain and left lower extremity sciatic nerve radiculopathy associated with lumbosacral strain.

The Veteran's claim for an increased rating in excess of 10 percent for degenerative arthritis of the lumbar spine on an extraschedular basis was denied by the Director. The Board agreed with this decision, finding that the symptomatology associated with the Veteran's lumbar spine disability had been contemplated by the regular rating schedule.

The Veteran's service-connected degenerative arthritis of the lumbar spine with IVDS and bilateral lower extremity radiculopathy are adequately contemplated by the current 40 percent schedular rating, thus an extraschedular rating is not warranted.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to October 18, 2015.

The Board found that the reduction in SMC rating from 38 U.S.C.A. § 1114(l) plus two at 38 U.S.C.A. § 1114(k) to 38 U.S.C.A. § 1114(l) plus one at 38 U.S.C.A. § 1114(k) was proper based on clear and unmistakable error in the September 2008 rating decision.

The Veteran's TDIU claim is being remanded for additional development, including referral to VA's Chief Benefits Director or the Director of VA's Compensation Service for a determination as to his entitlement to an extra-schedular TDIU.

The Veteran's claim for a schedular TDIU was denied as he did not meet the percentage thresholds for such. The Board found that his combined rating of 60% disabling from service-connected disabilities does not meet the requirements for a schedular TDIU. An extra-schedular TDIU is being referred to the Director, Compensation Service.