Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased evaluations for lumbar strain and left lower extremity radiculopathy are being remanded due to the need to obtain additional VA treatment records.

The Board has determined that there is insufficient evidence to determine whether the service-connected disabilities alone are severe enough to warrant a TDIU. The case is REMANDED for further development, including obtaining an occupational evaluation and reviewing all relevant VA treatment records.

The Veteran's low back strain with degenerative changes was rated at 10 percent prior to March 24, 2008, and increased to 40 percent from September 21, 2010. The right-sided radiculopathy/sciatica was also rated at 10 percent.

The Veteran's low back disability was granted a 20 percent rating, effective June 21, 2007. The left lower extremity sciatic nerve disability received a 40 percent rating, also effective June 21, 2007.

The Veteran's claims for effective dates earlier than August 18, 2004, for the grants of service connection for lumbar spine degenerative joint disease, left lower extremity radiculopathy associated with the lumbar spine degenerative joint disease, and bilateral hearing loss have been denied as there is no evidence that he filed a timely substantive appeal with the October 1968 rating decision.

The Board has determined that the Veteran's lumbar radiculopathy is not service-connected, and even if it were, it would be secondary to his service-connected back disability. The claim for service connection is therefore denied.

The Veteran's lumbar spine disability was rated as 40% disabling, effective June 13, 2014. The Veteran's radiculopathy of the right lower extremity was granted a 20% rating effective June 8, 2016. No other claims were resolved in favor of the Veteran.

The Veteran's right and left leg sciatica have been rated at 20 percent prior to April 23, 2014, and 60 percent after that date. The Board denied the claims for higher ratings.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and providing updated VA examinations to assess the severity of his service-connected conditions.

The Veteran's initial claim for a higher rating for his thoracolumbar strain was granted, and he is now rated at 20 percent. Since September 15, 2013, the Veteran has been awarded an additional 10 percent rating for left lower extremity radiculopathy associated with his service-connected thoracolumbar strain.

The Board has determined that a VA examination is needed to determine the Veteran's ability to secure or follow a substantially gainful occupation due to her service-connected disabilities. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded to the AOJ for further development, including obtaining additional VA treatment records and arranging for a medical examination. The TDIU claim will be adjudicated again after all requested actions have been completed.

The Veteran's service-connected disabilities do not result in permanent and total disability due to loss or use of both lower extremities, blindness in both eyes with only light perception plus the anatomical loss or use of one lower extremity, or other conditions that preclude locomotion without aids. Therefore, his claim for specially adaptive housing has been denied.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective December 17, 2015. The ratings for left and right lower extremity radiculopathy remain unchanged.

The Veteran's radiculopathy of the bilateral upper and lower extremities is found to be related to his service-connected neck and back disabilities.,Higher initial ratings for a neck disability, a back disability, and migraines are granted.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, but the evidence does not support a higher rating due to lack of ankylosis or incapacitating episodes.,The Veteran's right and left lower extremity radiculopathy are both currently rated as 10 percent disabling.

The Veteran's bipolar disorder with PTSD was productive of occupational and social impairment with reduced reliability and productivity from March 7, 2012 to March 4, 2013. The Veteran's lumbar strain with a history of herniated disc did not result in significant disability. The Veteran's cervical strain did not meet the criteria for an increased rating. The Veteran's left lower extremity radiculopathy was productive of mild incomplete paralysis throughout the appeal period. The Veteran's GERD has resulted in persistent symptoms but without severe impairment.

The Veteran's claims for increased ratings for cervical spine degenerative disc disease, right upper extremity radiculopathy, left upper extremity radiculopathy, and right lower extremity radiculopathy have been denied.,The Board found that the evidence did not support higher ratings for any of these conditions.

The Veteran's acquired psychiatric disorder, to include depression, is caused by her service-connected DDD of the lumbar spine and hallux valgus deformity. Her headaches are caused by her service-connected asthma. For the period from February 17, 2006 to April 13, 2016, she exhibited symptoms consistent with mild incomplete paralysis of the sciatic nerve for left lower extremity sciatica and for right lower extremity sciatica. For the period from April 14, 2016 forward, she exhibited symptoms consistent with moderate incomplete paralysis of the sciatic nerve for left lower extremity sciatica. For the period from July 6, 2016 forward, she exhibited symptoms consistent with moderate incomplete paralysis of the sciatic nerve for right lower extremity sciatica.