Radiculopathy & sciatica decisions — 2018

The Board has determined that the evidence is in equipoise as to whether the Veteran's low back disorder and right leg sciatica are related to service, thus granting service connection for these conditions.

The Veteran's low back disability and radiculopathy of the lower extremities have been granted increased ratings, with a 20 percent rating for each condition.

The Veteran's appeal for special monthly compensation (SMC) based on the need for regular aid and attendance was dismissed because the issue had already been decided in favor of the Veteran by a previous Board decision.

The Veteran's appeal for a rating in excess of 20 percent for radiculopathy of the right lower extremity was denied. The appeal for an extraschedular rating based on multiple service-connected disabilities was also denied.

The Veteran's lumbar spine disability was granted a 40 percent evaluation for the period beginning November 28, 2012. His right lower extremity radiculopathy was also granted a 40 percent evaluation for that same period.

The Veteran's lumbar and cervical spine disabilities, as well as his hemorrhoids, have been rated appropriately. The Board has granted separate ratings for left upper and lower extremity radiculopathy effective December 29, 2016.

The appellant's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 24, 2012, to June 30, 2015.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is caused or aggravated by his service-connected disabilities.

The Veteran's right shoulder disorder and right upper extremity radiculopathy are not service-connected. The Veteran's cervical strain is currently rated at 20%.

The Veteran's claims for cancer of the larynx and a higher rating for DDD of the lumbar spine were not granted. The claim for TDIU was remanded, and separate ratings for left lower extremity radiculopathy are warranted.

The Veteran's service-connected DDD with IVDS has substantially interfered with his employment and he cannot secure or follow a substantially gainful occupation consistent with his education and occupational experience, without regard to nonservice-connected disabilities.

The Veteran's claim for an increased rating for thoracolumbar strain prior to July 23, 2010 was denied. The claim for a higher rating on or after that date was granted at 40%. Service connection for cold injury residuals was denied.

The Veteran's service-connected fractured T-11 residuals are currently rated at 20 percent, and the claim for an increased rating is denied. The Veteran's right lower extremity radiculopathy with involvement of the femoral nerve has been separately evaluated as 20 percent disabling since March 3, 2015, and his left lower extremity radiculopathy with involvement of the sciatic nerve has been separately evaluated as 20 percent disabling from November 10, 2015 to December 14, 2017. The claim for an increased rating is denied.

The Veteran's service-connected disabilities did not prevent him from maintaining substantial gainful sedentary employment prior to April 26, 2013. The preponderance of the evidence is against a finding that his service-connected conditions rendered him unable to secure or follow any form of substantially gainful occupation.

The Veteran's appeal for service connection for sleep problems was dismissed. The claim for an increased rating for cervical spine fracture with arthritis prior to December 1, 2017 is denied. The claim for a higher evaluation of the cervical spine condition as of December 1, 2017 is also denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbar spine disability and bilateral lower extremity radiculopathy. The TDIU claim will also be addressed.

The Veteran's claims for service connection for an acquired psychiatric disorder (to include PTSD and dysthymic disorder) are denied. The claim for increased rating for status post laminectomy lumbosacral spine with low back pain is granted to a maximum of 40 percent from September 20, 2010 to August 6, 2016, but denied thereafter. Separate initial ratings in excess of 10 percent are not warranted for femoral nerve radiculopathy of the right leg and sciatic nerve radiculopathy of the left leg.

The Board has granted service connection for tinnitus and low back disability, finding that the evidence is at least evenly balanced as to whether these conditions are related to service.,Additional claims of entitlement to service connection for bilateral hearing loss, right knee disability, and left knee disability are being remanded.

The Board finds that the Veteran's radiculopathy of the right upper extremity is proximately due to his service-connected cervical spine disability, and grants service connection for this condition.

The Veteran's PTSD was rated at 30 percent prior to March 22, 2012 and increased to 50 percent from June 1, 2012. The Board found that the Veteran is unemployable due to his service-connected disabilities.