Radiculopathy & sciatica decisions — 2018

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

The Veteran's service-connected disabilities have resulted in a need for regular aid and attendance, warranting special monthly compensation. Additionally, the Veteran meets criteria for financial assistance to purchase an automobile with necessary adaptive equipment due to his service-connected right foot disability.

The Veteran's sciatic nerve and femoral nerve peripheral neuropathy of the lower extremities have been rated as 10 percent disabling, but there is no actual improvement in his condition. The Board finds that a higher rating is not warranted.

The Veteran's service-connected left lower extremity popliteal nerve injury with foot drop is rated at the highest available rating without violating the Amputation Rule. His SFW scars are not compensably rated due to their static nature.

The Board denied service connection for TBI claimed as brain trauma with stroke, migraine headaches, cervical spine disorder, upper arm neuropathy and radiculopathy, low back disorder, and GERD. The Veteran's disabilities were not shown in service or within one year thereafter, and are not otherwise etiologically related to the Veteran's service.,The Board found that there was no evidence of a TBI during service and provided a negative nexus opinion.

The Veteran's appeal is remanded for another VA examination to assess the current severity and manifestations of his service-connected chronic low back pain/strain with L5-S1 disc degeneration and herniation, status post microdiskectomy, with subjective radiculopathy. The case will be reviewed after completing the necessary development.

The Veteran's hand tremors are caused by the medications used to treat his service-connected disabilities, and he is unable to secure and follow a substantially gainful occupation due to these conditions.

The Veteran's claim for an earlier effective date for the grant of secondary service connection for femoral nerve radiculopathy of the bilateral lower extremities, associated with a service-connected lumbar spine disability, is denied as it arose on May 29, 2014.

The Veteran's PTSD claim has been withdrawn.,Prior to January 15, 2015, the low back disability warranted a rating of 10 percent. From January 15, 2015 to December 16, 2015, it warranted a rating of 20 percent. Since then, it has not met the criteria for a higher rating.,Since January 15, 2015, the right lower extremity lumbar radiculopathy has been rated at 20 percent.,Bilateral hearing loss does not meet the criteria for a compensable rating.,Hypertension has not met the criteria for a higher rating.,Residual scars from basal cell epithelioma have warranted a 30 percent rating since March 6, 2013.,The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 40 percent, with a separate rating of 60 percent for left lower extremity radiculopathy.

The Board denied the Veteran's claims of service connection for dental disability, radiculopathy to both legs, urinary frequency/nocturia, and bilateral hip disability. The Board found that there was no evidence of radiculopathy affecting his lower extremities.

The appeal is being remanded for additional development due to recent changes in the evidence. The Veteran's claims will be reconsidered after this new information.

The Veteran's radiculopathy of the left lower extremity was rated at 10 percent from April 12, 2004 to September 5, 2016. On and after September 6, 2016, a higher rating is not warranted.

The Veteran's neck, back, cervical radiculopathy, and bilateral lower extremity radiculopathy disorders are not causally related to or worsened by the service-connected right elbow recurrent ganglion cyst.

The Veteran's service-connected disabilities result in the functional equivalent to the loss of use of a foot, warranting automobile and adaptive equipment or adaptive equipment only.

The Veteran's claims for increased ratings have been denied. His bilateral hearing loss and radiculopathy of the left upper extremity were rated appropriately based on their respective disability levels.

The Veteran's claims for increased ratings for his spine disability, sciatic nerve radiculopathy, and hallux valgus have been denied as the evidence does not support a higher rating under the applicable criteria.

The Veteran's low back disability is rated at 60 percent since January 18, 2012. The right lower extremity radiculopathy has been separately rated at 20 percent effective January 18, 2012.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment at any time since October 4, 2016.

The Veteran's appeal is being remanded for additional development to assess the combined effect of all his service-connected disabilities on his ability to work, including his now service-connected acquired psychiatric disorder and bilateral lower extremity radiculopathy.