Radiculopathy & sciatica decisions — 2018

The Board has determined that the Veteran's radiculopathy of the bilateral lower extremities is secondary to his service-connected lumbar spine disability, and thus grants service connection for this condition.

The Veteran's claim for a higher rating for his service-connected low back disorder and TDIU rating were both denied by the Board.

The Veteran's service-connected disabilities have precluded him from obtaining and maintaining a substantially gainful occupation since July 20, 2010.

The Veteran's appeal of the issues related to cervical spine disorder, headaches, left lower extremity sciatica, ulnar nerve disorder, right ear hearing loss; increased ratings for depression, left varicocele, right lower extremity muscle atrophy and sciatica, low back pain syndrome with grade 1, L5-S1 spondylolisthesis, and; an earlier effective date for service connection for right lower extremity muscle atrophy and sciatica has been withdrawn due to the award of TDIU effective from November 1, 2009.

The Board found no evidence of a current disability and determined that the Veteran's neck/cervical spine disorder, to include possible upper extremity radiculopathy, is not related to service.

The Veteran's service-connected disabilities have rendered her unable to secure and follow substantially gainful employment since July 5, 2016.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting TDIU.

The Veteran's claims for service connection and increased rating were denied. The claim to reopen was also denied, as the new evidence did not raise a reasonable possibility of substantiating the claims.

The Board has granted service connection for left knee osteoarthritis and remanded the issue of an initial compensable rating for bilateral hearing loss. The Veteran's other claims have been dismissed due to his withdrawal.

The Veteran's combined rating was determined to be 90 percent, effective November 14, 2011. The Board found that the current ratings were accurate and an increased rating is not warranted.

The Veteran's degenerative joint and disc disease of the lumbar spine is currently rated at 40 percent since May 21, 1991. The Veteran's left lower extremity sciatica was initially rated as non-compensable prior to October 11, 2002, but has been rated at 10 percent since that date.,The Veteran's degenerative joint and disc disease of the lumbar spine is currently rated at 40 percent. The Veteran's left lower extremity sciatica was initially rated as non-compensable prior to October 11, 2002, but has been rated at 10 percent since that date.

The Board finds the evidence is evenly balanced as to whether the Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, thus granting a TDIU.

The Veteran's service-connected disabilities, including radiculopathy of the right upper extremity, degenerative disc disease of the cervical and lumbar spine, tinnitus, and hearing loss, do not meet the schedular criteria for TDIU prior to June 3, 2013. The Board finds that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities as of that date.

The Board finds that the evidence is in equipoise on whether the Veteran has radiculopathy caused by his service-connected lumbar spine disability, and thus grants service connection for this condition based on secondary causation.

The Veteran's lumbosacral DDD, left and right lower extremity radiculopathy conditions have been granted increased ratings. Service connection for hypertension has not been established.

The Veteran's claims for increased ratings and service connection are being considered. The rating decision on the right lower extremity radiculopathy claim is mixed, with some issues granted (20 percent from June 29, 2016) and others not (10 percent prior to that date). Service connection requests for epididymitis, sebaceous cyst on the back of the neck, and a sinus disorder are all pending as new evidence has been submitted. The Veteran's STRs show diagnoses of right ankle fracture, radiculopathy, and sinusitis.

The Veteran's service-connected moderate incomplete paralysis of the anterior crural nerve, moderate incomplete paralysis of the posterior tibial nerve, and mild incomplete paralysis of the sciatic nerve render him so helpless that he requires regular aid and attendance. The Board has granted entitlement to SMC for aid and attendance.

The Veteran's service-connected right and left lower extremity sciatic radiculopathy and peripheral neuropathy are not shown to meet the criteria for an initial evaluation in excess of 20 percent.

The Board has granted service connection for the Veteran's jaw disability, bilateral lower extremity radiculopathy as secondary to his service-connected lumbar spine disability, orthostatic hypotension (claimed as a seizure disorder), erectile dysfunction (claimed as impotency), and gastrointestinal disorder. The effective date is not specified.

The Board has remanded the case for an additional VA examination to determine how the Veteran's service-connected disabilities affect her locomotion and whether they preclude regular use of a wheelchair, braces, crutches, or canes as a normal mode of locomotion.