Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of his lumbar strain and left lower extremity radiculopathy, including during flare-ups.

The Board has determined that the current evaluations for the Veteran's lumbar strain, left ankle sprain with instability, right ankle pain, and right L5 radiculopathy do not accurately reflect the severity of his disabilities. The Board also finds that a remand is required to address the issue of TDIU due to service-connected disabilities.

The Veteran's TDIU claim is remanded for further development to determine if his employment activity constitutes marginal employment due to his service-connected disabilities.

The Veteran's right lower extremity sciatica disability increased in severity within one year prior to his April 2012 claim for an increase, and the Board grants an effective date of April 17, 2011.

The Veteran's claim for a higher rating for his service-connected intervertebral disc syndrome (IVDS) with degenerative arthritic changes and involvement of the sciatic nerve is denied. The Board found that there was no evidence of unfavorable ankylosis or incapacitating episodes, which are required for a higher rating.

The Veteran's service connection claims for chronic bronchitis, left lower extremity radiculopathy, and depression have been granted. The effective date of the grant is January 7, 2013.,Service connection has also been granted for right lower extremity radiculopathy with a rating of 10 percent effective February 26, 2016.

The Veteran's lumbar strain is rated at 40 percent, which does not meet the criteria for a higher rating. The Board denied an increased rating as there was no evidence of unfavorable ankylosis or incapacitating episodes of IVDS during the past 12 months. TDIU prior to November 25, 2015 is granted due to service-connected disabilities precluding substantial gainful employment. From that date onward, TDIU is moot as the Veteran has a combined rating of 100 percent for multiple conditions.

The Board has remanded the Veteran's claims for increased ratings for cervical DJD, left and right lower extremity radiculopathy, and bilateral hearing loss due to new evidence submitted by the Veteran.

The Veteran's low back disability has been rated at 40 percent since February 18, 2003. The Board denied an increased rating in excess of 40 percent.,Initial ratings of 10 percent for radiculopathy affecting the left and right lower extremities were granted effective February 8, 2010.

The Veteran's claims for increased evaluations of sinusitis, depressive disorder, right knee chondromalacia patella, and left lower extremity chronic lumbosacral strain/sprain with sciatica are being remanded due to the need for additional development including obtaining medical records and scheduling VA examinations.

The Veteran's service-connected conditions alone do not necessitate the need for regular aid and attendance of another person on a daily basis.

The Veteran's DJD of the lumbar spine and left lower extremity radiculopathy are granted with a 20% rating effective May 17, 2007.

The Veteran's appeal for higher ratings on his claims of mood disorder with depressive features, lumbar strain (with lumbar spondylosis, spinal stenosis, and spondylolisthesis), right lower extremity radiculopathy, and left lower extremity radiculopathy has been dismissed due to the Veteran's death before a decision was made by the Board.

The Board has remanded the cases due to a request for a Decision Review Officer (DRO) hearing. The appeals will be readjudicated after the DRO hearing is scheduled.

The Veteran's claim for a higher rating for his degenerative disc disease, L5-S1, is being remanded due to the need for additional examinations and consideration of representation.

The Veteran's appeal regarding increased ratings for various disabilities and service connection was denied because the VA Form 9 was not filed within the required time frame.

The Board has determined that the Veteran does not have a current diagnosis of left carpal tunnel syndrome. The cervical spondylosis claim is remanded for an addendum opinion to address whether it is related to service or aggravated by his service-connected low back strain, and if so, whether it also caused or aggravated any other conditions listed in the issues section.

The Veteran has withdrawn his appeals for increased ratings in several areas, including lumbar strain, left knee strain with shin splints, right knee strain with limitation of motion and shin splints, radiculopathy, left sciatic nerve, and radiculopathy, right sciatic nerve.

The Board has decided to remand several issues related to the Veteran's service connection claims and rating determinations for further development. The Veteran is required to provide information about his treatment providers, obtain relevant VA and private records, and undergo examinations.

The Veteran's PTSD is rated at 100% effective October 29, 2008. The Veteran was granted a TDIU effective April 19, 2009.