Radiculopathy & sciatica decisions — 2018

The Board has decided to remand the case due to a need for a new examination of the Veteran's lumbar spine disability and right and left lower extremity lumbar radiculopathy.

The Veteran's lumbar spine disability is rated at 40 percent, and his right and left lower extremity radiculopathies are each rated at 10 percent. The Board denied the Veteran's claims for higher ratings.

The Board has remanded the cases due to conflicting medical evidence regarding the severity of the Veteran's sciatic nerve disabilities prior to July 25, 2016. A new examination is needed to assess the current severity of his right and left lower extremity sciatic nerve disabilities.

The Board found that the evidence was at least in equipoise, granting service connection for the cause of the Veteran’s death due to his motor vehicle accident caused by medications taken for his service-connected anxiety disorder.

The Board has found that a remand is necessary to obtain medical opinions regarding the etiology of the Veteran's bilateral radiculopathy and neuropathy, as the current medical opinions are inadequate.

The Board has remanded the Veteran's claims for service connection for a left hip disability and migraines due to her service-connected disabilities. The cases are being returned for further examination and opinion.

The Veteran is granted TDIU, but the effective date for service connection of left lower extremity radiculopathy remains April 20, 2009.,The Board has found that a disability rating in excess of 40 percent for chronic low back pain with degenerative changes and service connection for bilateral upper extremity disability secondary to service-connected low back pain are both remanded.

The Board has found that further development is necessary prior to appellate review of the claims on appeal, including for new VA examinations to properly assess the severity of each of the Veteran’s spine disabilities and related radiculopathy.

The Board has denied a higher disability rating for the Veteran's lumbosacral spine disability and radiculopathy, and has remanded the case to consider entitlement to TDIU.

The Board denied the Veteran's claim for service connection of sleep apnea as secondary to his service-connected back disorder and bilateral lower extremity radiculopathy, finding that the evidence did not show that his service-connected conditions caused him to become obese.

The Board dismissed the appeal for Gulf War Syndrome. The effective date of service connection for LUE radiculopathy was granted as September 1, 2011. The Veteran's claims for CFS, sleep apnea and fatigue/sleep disturbance are remanded.

The Veteran is entitled to a TDIU from August 17, 2010 forward due to her service-connected disabilities. The Board found that the Veteran's service-connected conditions rendered her unable to secure and maintain substantially gainful employment.

The Veteran's initial ratings for her left heel spur, keloid scar from cesarean section, and sciatic nerve of the left leg have been granted. The application to reopen previously denied claims for service connection for heart disability and hypertension has also been granted.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, warranting SMC based on the need for regular aid and attendance.

The Veteran's bilateral hearing loss disability is rated as noncompensable, with no worse than Level II hearing impairment in the right ear and Level I hearing impairment in the left ear.,For the entire period on appeal, the Veteran’s service-connected disabilities have precluded him from securing or following a substantially gainful occupation.

The Veteran's claims for bilateral radiculopathy of the lower extremities, an acquired psychiatric disability (claimed as secondary to service-connected lumbosacral strain), and sleep apnea are all granted due to their being related to her service-connected lumbosacral strain.

The Veteran's appeal has been dismissed as he withdrew all his appeals with the exception of a full grant of a 100 percent rating for cardiomyopathy. The other issues have not progressed further due to withdrawal.

The Board denied service connection for a right shoulder disability, low back disability, and radiculopathy of the right lower extremity as there was no evidence to support that these conditions began during active service or were related to an in-service injury.

The Veteran's low back strain is currently rated at 10 percent, effective September 28, 1998. The Board finds that a higher rating is not warranted as the evidence does not show forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.,The Veteran's radiculopathy of the left leg has been rated at 20 percent, effective September 28, 1998. The Board finds that a higher rating is not warranted as there are no incapacitating episodes.

The Veteran's claim for a clothing allowance for his back brace is denied because the VA certifying official found that the back brace does not cause wear and tear to his clothing.