Radiculopathy & sciatica decisions — 2017

The Veteran's appeal is being remanded for additional development and review by the RO.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address the nature and severity of his low back disability and bilateral knee disabilities. The TDIU claim prior to August 27, 2013 remains on hold.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbosacral spine was denied. The current evaluation is 40 percent disabling, effective April 11, 2016.

The Board has determined that the Veteran's current back disability is related to her service-connected right knee realignment with patellofemoral pain, and thus grants service connection for chronic lumbosacral spine strain with degenerative changes and left sided radiculopathy as secondary to her service-connected right knee disability.

The Board has determined that new and material evidence was submitted to reopen the Veteran's claim of service connection for a low back disability. However, the Board found insufficient medical evidence to establish a direct or secondary relationship between the Veteran's current low back disability and his military service or service-connected left knee disability.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted for SMC purposes.

The Veteran's radiculopathy of the left lower extremity has been rated at 20 percent since January 27, 2009. The right lower extremity radiculopathy was also granted a separate 10 percent rating effective December 18, 2008.

The Board denied the Veteran's claims for a compensable initial rating prior to April 15, 2015, for radiculopathy of the bilateral lower extremities and a rating in excess of 20 percent for discogenic degenerative changes, lumbosacral spine with intervertebral disc syndrome (IVDS).

The Veteran's service-connected disabilities preclude him from obtaining and maintaining substantially gainful employment for which he would otherwise be qualified.

The Board has determined that the Veteran's bilateral lower extremity radiculopathy disabilities are entitled to a 20 percent rating from October 29, 2009. The effective dates for these ratings have been granted as of this date.

The Board has remanded the case for a VA examination to determine if the Veteran's radiculopathy of the bilateral lower extremities should be rated as mild, moderate, severe, or complete paralysis. The TDIU issue is also being remanded.

The Veteran's radiculopathy of the RLE is rated at 10 percent before September 11, 2015 and increased to 40 percent thereafter. The issue remains on appeal for higher ratings.

The Veteran's back condition, including bulging disc at L5-S1 with bilateral radiculopathy at L5-S1, manifested in service and is attributable to service.

The Veteran's disability ratings were reduced from 40 percent to 10 percent for lumbosacral paravertebral myositis, effective June 1, 2011. The reduction was found to be proper as there had been no actual improvement in the Veteran's condition.

The Veteran's left hip disability is currently rated at 50 percent prior to February 3, 2017 and increased to 70 percent thereafter. The Veteran's cervical spine disorder was initially rated at 20 percent prior to February 3, 2017 and increased to 10 percent thereafter.,The Veteran's right upper extremity radiculopathy is currently rated at 40 percent and left upper extremity radiculopathy is currently rated at 40 percent.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to address issues of service connection, rating, and SMC. The Veteran's claims will be reconsidered after these actions.

The Veteran's claim for service connection for lumbar radiculopathy is denied. The Veteran's tinea versicolor has been granted a 10% rating, and his left leg peripheral neuropathy remains at the 10% level.

The Veteran's lumbar spine disability is rated at 40 percent since May 19, 2008. A separate 10 percent rating for left lower extremity radiculopathy is granted. The Board also grants a TDIU from August 2009 to February 4, 2015.

The Veteran's degenerative disc disease of the lumbar spine was rated at 10 percent prior to May 10, 2013 and increased to 20 percent from that date. The radiculopathy of the left lower extremity (sciatic nerve) associated with the Veteran's low back disability has been rated as 10 percent since July 16, 2012.,The radiculopathy of the right lower extremity (sciatic nerve) was initially rated at 10 percent and increased to 20 percent effective July 16, 2012.

The Board finds that the Veteran has a current lumbar spine disability, including scoliosis, spondylosis, degenerative disc disease, and radiculopathy, which is related to his period of service. The other diagnosed lumbar spine disabilities are not shown to be related to his service.