Radiculopathy & sciatica decisions — 2017

The Board denied service connection for a low back disability and right leg sciatica, finding that the evidence did not support a nexus to service or a service-connected condition.

The Veteran's acquired psychiatric disorder was rated at 50 percent prior to April 4, 2014 and granted a rating of 70 percent. The back disorder was rated at 10 percent prior to May 5, 2015 and granted a rating of 20 percent. Right lower extremity radiculopathy was rated as noncompensable prior to May 5, 2015 and granted a rating of 20 percent. Hemorrhoids were rated as noncompensable prior to July 7, 2015 and granted a compensable rating.

The Board found that the Veteran's low back strain with DDD and right sciatic nerve neuropathy had improved, warranting a reduction in their disability ratings from 20% to 10%. The reductions were effective May 1, 2010.

The Veteran's low back disability is rated at 20 percent from May 18, 2010, to February 10, 2016, and 20 percent since then.,Separate ratings of 10 percent are assigned for right and left lower extremity radiculopathy from May 18, 2010, to February 10, 2016.

The Board found that the Veteran's current disabilities of bilateral hearing loss, tinnitus, thoracolumbar strain, cervical spine disability, and right leg sciatica are not related to his military service. The evidence did not establish a direct link between these conditions and his active duty.

The Veteran's claim for an increased disability rating of 40 percent for back disability, including radiculopathy, was granted with a current effective date of March 11, 2010. Effective dates were also established for service connection for right lower extremity radiculopathy and tinnitus on the same day.

The Veteran's service-connected PTSD, along with other disabilities, has resulted in occupational and social impairment that warrants a 70 percent rating.

The Board has granted service connection for a neurological disorder of the left lower extremity, finding that it is proximately due to the Veteran's service-connected lumbar herniated disc and spondylosis. The issue of a higher rating for the service-connected lumbar herniated disc and spondylosis remains on appeal.

The Board has determined that the Veteran's back and left lower extremity disability is proximately due to his service-connected right foot disability, granting service connection for this condition. The issue of service connection for a left foot disability remains pending.

The Board has remanded the Veteran's claims for further development and consideration, including review of new evidence submitted after a previous SSOC. The issues include increased ratings for radiculopathy of the left lower extremity, earlier effective dates for right hip osteoarthritis (flexion, extension, and impairment), and service connection for degenerative joint disease, left knee.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of his claim. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's claim of entitlement to a total disability evaluation based on individual unemployability is being remanded for further development. The Board has also referred claims for service connection and reopening of a previously denied claim due to their inextricably intertwined nature with the main claim.

The Veteran's service-connected disabilities, acting on their own, do not render him housebound or in need of regular aid and attendance. Therefore, he is not entitled to SMC based on the need for regular aid and attendance of another person or by reason of being housebound.

The Board has granted an initial 20 percent rating for neurological manifestations of the left lower extremity, resolving reasonable doubt in favor of the Veteran.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, effective October 12, 2009. The Veteran's left ear hearing loss has been rated as noncompensable.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities preclude him from obtaining and maintaining substantially gainful employment consistent with his education and occupational experience prior to February 13, 2013.

The Veteran's right lower extremity radiculopathy rating was reduced from 20 percent to 10 percent effective January 18, 2008. The Veteran's increased rating claim for right lower extremity radiculopathy and TDIU claims were denied due to failure to report for scheduled VA examinations.,The Veteran's degenerative disc disease of the lumbar spine was not rated in excess of 40 percent.

The Veteran's right lower extremity radiculopathy was granted effective from April 4, 2014. The claim for service connection is now considered substantiated.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his lumbar spine disability, radiculopathy of the lower extremities, or knee disabilities during any portion of the appeal period.