Radiculopathy & sciatica decisions — 2018

The Veteran's lumbar spine disability, left tibia stress fracture, hypertension, IBS with fecal leakage status post laparoscopic cholecystectomy, sciatic nerve impairment of the right lower extremity, and sciatic nerve impairment of the left lower extremity have been remanded for further review.

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to physical and mental impairments, which has been granted for special monthly compensation.

The Veteran's spouse is granted special monthly compensation (SMC) based on her need for aid and attendance due to multiple disabling conditions that require regular assistance from another person.

The Board has remanded the claims for left wrist disability, arthritis of the lumbosacral spine, bilateral lower extremity radiculopathy, and TDIU due to increased severity of symptoms since the last examinations.

The Veteran's service-connected disabilities, including obstructive sleep apnea, degenerative joint disease of the thoracolumbar spine, and right lower extremity radiculopathy, preclude all substantially gainful employment for which his education and occupational experience would otherwise qualify him. The Board grants entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's depressive disorder, combined with other service-connected disabilities, has rendered him unable to secure or follow substantially gainful employment. Effective November 6, 2012, the Veteran is granted a TDIU.

The Veteran's erectile dysfunction is currently rated noncompensable, but a compensable rating is not warranted as the condition is controlled by medication.,The Veteran's right thigh abscess is currently rated 10 percent and no higher. The evidence does not support an increased rating due to lack of severe pain or involvement of multiple scars.,DMII has been rated at 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as there is no indication of regulation of activities.,Diabetic nephropathy has been rated at 30 percent and no higher. The evidence does not meet the criteria for a higher rating due to lack of definite decrease in kidney function or hypertension with diastolic pressure predominantly 120 or more.,Peripheral neuropathy of the left lower extremity is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least moderately severe incomplete paralysis of the sciatic nerve.,Peripheral neuropathy of the right lower extremity is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least moderately severe incomplete paralysis of the sciatic nerve.,Peripheral neuropathy of the left lower extremity with femoral nerve involvement is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least severe incomplete paralysis.,Peripheral neuropathy of the right lower extremity with femoral nerve involvement is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least severe incomplete paralysis.,Parkinson's disease with tremor, muscle rigidity and stiffness of the right upper extremity and diabetic peripheral neuropathy has been rated 40 percent, but no higher. The evidence does not meet the criteria for a higher rating due to lack of moderate incomplete paralysis in a major extremity.,Left upper extremity peripheral neuropathy is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least moderate incomplete paralysis.,Loss of automatic movements has been rated 10 percent, but no higher. The evidence does not meet the criteria for a higher rating due to lack of more than incomplete moderate paralysis.,Loss of smell due to Parkinson's disease is currently rated noncompensable as there is no indication of complete loss of smell.,Speech changes have been rated 10 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate severe paralysis.

The Veteran's claims of entitlement to an initial rating in excess of 10 percent for right lower extremity sciatica, TDIU, and SMC based on the need for regular aid and attendance are being remanded due to inadequate examination reports and new evidence is needed.

The Veteran's claim for service connection for a lumbar spine disability was reopened, granted, and an effective date of June 21, 2015, is assigned. Service connection for bilateral upper extremity radiculopathy on secondary basis to his cervical spine disability is also granted. An effective date earlier than October 4, 2016, for the assignment of a 20% rating for his cervical spine disability is denied.

The Board has remanded the Veteran's claims for service connection and rating issues, effective from March 16, 2012. The Veteran is also being asked to complete a VA Form 21-8940 for TDIU.

The Board denied the Veteran's claims for service connection for a left hip disability and increased ratings for his left sciatic nerve neuralgia. The Board found that there was no evidence linking the current hip or sciatica disabilities to service or service-connected conditions.

The Veteran's claims for higher ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. The Veteran's degenerative disc disease was rated at 10 percent prior to September 24, 2015, and at 40 percent from September 4, 2015.

The Board has remanded the case due to incomplete development, specifically a lack of VA examination and opinion regarding the Veteran's other service-connected disabilities. The Veteran is required to report for a VA examination.

The Board dismissed all appeals for increased disability ratings and earlier effective dates due to the Veteran's withdrawal of his appeal. The claims for service connection were not granted prior to December 5, 2008.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete medical records, need for a VA examination, and other procedural issues.

The Board has determined that the Veteran's service connection claim for a cervical spine disability should be remanded due to the need for an examination and opinion regarding the relationship between his current disability and any in-service injury.

The Veteran's claims for service connection for headaches, increased ratings for neck and low back disabilities, and earlier effective dates for radiculopathy of the arms and legs are being remanded due to the need for additional examinations and medical opinions.

The Veteran's claims for service connection and increased ratings have been remanded by the Board.,His current service-connected conditions include right ear hearing loss, bilateral tinnitus, degenerative disc disease of the lumbosacral spine, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records, including SSA disability benefits records and VA treatment records. The Veteran's left knee and low back disabilities are also being examined to determine their current severity.

The Board denied service connection for various conditions, including lumbar spine disability, right shoulder disability, left shoulder disability, neck disability, cervical radiculopathy, and left knee disability. The reasons given were that the evidence did not show a nexus between these disabilities and active service.