Radiculopathy & sciatica decisions — 2018

The Veteran's lumbar spine osteoarthritis with mild scoliosis is rated at 10 percent, effective from the date of the decision. The right lower extremity radiculopathy due to this condition is also rated at 10 percent.

The Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's DDD of the lumbar spine was granted a 10 percent rating prior to February 11, 2004 and a 40 percent rating beginning on that date.,Right lower extremity radiculopathy associated with DDD was granted an initial 10 percent rating from February 2, 1994 to August 14, 2014.

The Veteran's cervical spine disability is found to be service-connected, and the lumbar spine DDD with sciatic radiculopathy is not considered caused or aggravated by his service-connected lumbar spine strain.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation consistent with his education and occupational experiences.

The Board has determined that the Veteran's lumbosacral strain warrants a 10 percent disability rating, effective July 1999. The left lower extremity radiculopathy is currently rated as noncompensable.

The Board denied service connection for left knee strain, right knee disability (other than radiculopathy), and right leg disability (other than radiculopathy). The Veteran's sleep apnea was also not granted service connection. The decision is based on the lack of evidence linking these conditions to service or a service-connected condition.

The Veteran's claims for increased evaluation of right-sided radiculopathy and TDIU rating are being remanded due to the need for additional development, including a new examination.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the period prior to January 5, 2016.

The Veteran's radiculopathy was reduced from 20% to noncompensable effective June 1, 2012. The reduction of the right shoulder impingement rating from 20% to 10% effective February 1, 2013 is denied.,For carpal tunnel syndrome of the right wrist, an evaluation in excess of 10% prior to March 24, 2017 and a 30% evaluation starting from that date are warranted.

The Veteran seeks effective dates earlier than March 7, 2012 for the grant of service connection for left and right lower extremity radiculopathy. The Board finds that entitlement to such an effective date is not warranted as the earliest effective date allowed by law is March 7, 2012.,The Veteran also seeks increased ratings for his thoracolumbar spine disability (back disability), degenerative joint disease of the left knee, and traumatic left knee injury with post-operative instability. The Board finds that entitlement to such increased ratings is not warranted based on the evidence of record.

The Veteran's lumbar spine disability is rated at 40 percent effective September 29, 2011. The right and left lower extremity radiculopathy are each rated at 10 percent prior to April 20, 2015, with a separate 20 percent evaluation for the right lower extremity radiculopathy beginning July 21, 2015. The Veteran's eczema is rated at 30 percent effective April 9, 2013.

The Veteran's lumbar spine disability has been rated at 20 percent since April 7, 2015. The right and left leg radiculopathies have each been rated at 10 percent since August 5, 2011.

The Board has remanded the case for additional development due to a need for an opinion on whether the Veteran's hypertension was caused or aggravated by his service-connected disabilities, including PTSD.

The Veteran's claim for special monthly compensation based on the need for aid and attendance is denied as he does not require regular aid and assistance due to his service-connected disabilities.

The Veteran withdrew his claims for a higher initial rating for IVDS and a payment date earlier than February 1, 2010.

The Veteran's service-connected low back disability and bilateral lower extremity radiculopathy render him incapable of securing or following a substantially gainful occupation.

The Veteran's left peripheral neuropathy with sciatic nerve impairment is rated at 40 percent since November 18, 2011.,The Veteran's right peripheral neuropathy with sciatic nerve impairment is rated at 40 percent since November 18, 2011.,The Veteran's left peripheral neuropathy with femoral nerve impairment is rated at 30 percent since November 18, 2011.,The Veteran's right peripheral neuropathy with femoral nerve impairment is rated at 30 percent since November 18, 2011.

The Veteran's service-connected disabilities, including his thoracolumbar spine strain, left knee degenerative joint disease, and right foot arthritis, have rendered him unable to secure or follow a substantially gainful occupation since August 19, 2015.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher evaluations under VA rating criteria.