Radiculopathy & sciatica decisions — 2017

The Board has granted service connection for right knee degenerative changes and a medial meniscus tear, finding that the Veteran's current conditions are related to his active duty service. Service connection was denied for a right leg disability other than radiculopathy of the right lower extremity.

The Board denied the Veteran's claims for service connection for cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, and alcohol hallucinosis/depression. The rating assigned for lumbar myositis herniated nucleus pulposus L5-S1 and L4-L5 was 40 percent.

The Board has remanded the Veteran's claims for additional development due to the need for updated VA treatment records, Social Security Administration (SSA) records, and a new VA examination.

The Board has determined that the Veteran's lumbar disc disease with urinary incontinence and radiculopathy is not service-connected, as there is no evidence of a low back condition during or within one year after her military service. The examiner found that the current disability was less likely caused by service-connected disabilities.

The Board has decided to remand the case for additional development, including a VA examination and completion of a VA Form 21-8940. The Veteran's service-connected back conditions are expected to impact his ability to work.

The Board has determined that the Veteran's current back disability is related to his in-service injury, and thus service connection for a chronic back disability is granted.

The Board has denied the Veteran's claims for service connection for diabetes, toe disability, psychiatric disorder, left lower extremity sciatic condition, right lower extremity sciatic condition, and fibromyalgia.

The Veteran's low back disability and associated radiculopathies are currently rated at the highest available schedular rating, with separate ratings for each lower extremity. The appeal is denied as there is no evidence of unfavorable ankylosis or IVDS that would warrant a higher rating.

The Board found insufficient evidence to rebut the presumption of soundness at service entrance, and thus denied the Veteran's claim for service connection as his back condition is considered to have been present prior to service.

The Veteran's chronic low back syndrome and right and left lower extremity lumbar radiculopathies are not currently rated higher than the current assigned ratings.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's service-connected disabilities, including major depression, left and right lower extremity compartment syndrome with peripheral neuropathy, lumbar degenerative joint disease with intervertebral disc syndrome (IVDS) involving both sciatic nerves, right and left heel retrocalcaneal bursitis, a right eyebrow scar, bilateral leg scars, and erectile dysfunction, are found to be of sufficient severity to require the need for assistance with his activities of daily living. The Board grants SMC based on the regular need for the aid and attendance of another person.

The Veteran's appeals for increased disability ratings have been withdrawn, and the cases are dismissed.

The Veteran's service-connected disabilities have rendered him unemployable since August 25, 2010.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's initial disability rating for his lower back disability has been granted at a 40 percent, effective from the date of the decision. For the periods prior to June 3, 2010, and beginning October 1, 2010, he is also rated with moderately severe incomplete paralysis of the sciatic nerve affecting the left lower extremity.

The Board has determined that additional development is needed before the claims on appeal can be decided, including obtaining a missing medical opinion and scheduling VA examinations for the Veteran's low back disorder, knee disability, foot disability, and sciatica.

The Board has determined that the Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation.

The Veteran's lumbar degenerative disc disease and right lower extremity radiculopathy are found to be aggravated by his service-connected left and right knee chondromalacia patellae. His hypertension is currently rated at 10% since June 13, 2008.

The Veteran's radiculopathy of the upper extremities is not shown, and his right leg radiculopathy has only mild symptoms. The left leg radiculopathy also has only mild symptoms.,The Veteran does not have a current disability for which he can be granted service connection.