Radiculopathy & sciatica decisions — 2018

The Board has ordered further development due to the inadequacy of an August 2017 opinion and potential outstanding treatment records. The Veteran's meralgia paresthetica is being evaluated for its relationship to his service-connected degenerative arthritis of the lumbar spine and/or service-connected lumbar radiculopathy.

The Veteran's representative has withdrawn the appeals for earlier effective dates for increased ratings of PTSD and degenerative changes, lumbar spine with right side sciatica.

The Veteran's appeal was withdrawn for the claims of service connection for a disability claimed as weight loss and weight gain, and increased ratings for lumbar spine disability, erectile dysfunction, and a lumbar spine scar. The Board granted higher ratings for right lower extremity radiculopathy (prior to December 12, 2012) and left lower extremity radiculopathy (from June 11, 2014 onwards).

The Veteran's back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right knee disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date of the decision is not specified.

The Veteran's low back disability, including low back strain, is found to be service-connected. The Board also granted service connection for right and left lower extremity radiculopathy based on the evidence of record.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's lumbar spine disorder, bilateral knee disorders, neurological disorder of the lower extremities (cramps, numbness, radiculopathy), and cervical spine disorder are secondary to his service-connected right ankle disability. Service connection for these conditions has been granted.

The Board has determined that the Veteran's stroke is not etiologically related to his active service or service-connected disabilities. The claim for secondary service connection for a stroke remains denied.

The Board dismissed the appeal due to the Veteran's death.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's claim for higher ratings for his service-connected lumbar spine disability, radiculopathy of the left and right lower extremities were denied as there was no evidence to support a finding that the disability picture more nearly approximated the criteria for a higher rating under any applicable diagnostic codes.

The Board denied service connection for bilateral lower extremity radiculopathy and chest pain/myocardial infarction (MI) as secondary to the Veteran's service-connected conditions.

The Veteran's claims for increased ratings for peripheral neuropathy and sciatic neuropathy of the left and right lower extremities have been denied.,The Board found that the evidence did not show symptoms more nearly approximating a higher rating than 10 percent for these conditions.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's service-connected disabilities are sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his occupational background, and grants a TDIU.

The Veteran's claims for increased ratings were denied, with the exception of a granted 20 percent disability rating for right lower extremity radiculopathy.

The Veteran's service-connected disabilities have resulted in a combined rating of 90 percent, which is sufficient to warrant a TDIU. The Veteran has been found unemployable due to his chronic migraine headaches and other service-connected conditions.,The Veteran was granted a TDIU based on the severity of his service-connected disabilities, including his migraines.

The Veteran's claims for earlier effective dates for service connection and increased ratings have been denied. The Board found that the earliest date of claim was May 28, 2015.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, and the Board has granted a TDIU effective April 29, 2013.

The Board has granted a 40 percent rating for the orthopedic manifestations of the Veteran's low back disability, effective March 4, 2016. The Board also found that the Veteran is entitled to a 10 percent rating for left lower extremity radiculopathy from January 12, 2014 through September 7, 2016, and an increased rating of 20 percent thereafter.

The Veteran's psychiatric disability is rated at 70 percent, the maximum rating available under Diagnostic Code 9413. The other conditions have not been granted service connection.