Radiculopathy & sciatica decisions — 2018

The Board has remanded the Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine and bilateral lower extremity radiculopathy due to insufficient information regarding flare-ups during the October 2015 examination.

The Veteran's right lower extremity radiculopathy is granted a rating of 40 percent, but no higher. The lumbar spine disability remains at 20 percent.

The Veteran's service-connected disabilities make it difficult for him to perform activities of daily living, requiring the aid and attendance of another person. The Board finds that he is entitled to SMC based on this need.

The Veteran's lumbar spine disability was rated at 10% prior to September 28, 2017 and increased to 20% beginning September 28, 2017. The Veteran's radiculopathy of the right lower extremity is currently rated at 10%, while his left lower extremity radiculopathy has been rated as non-compensable prior to April 19, 2016 and 10% thereafter.,The Veteran's lumbar spine disability was rated at 10% prior to September 28, 2017. Beginning September 28, 2017, the Veteran is entitled to a rating of 20%. The Veteran's radiculopathy of the right lower extremity has been rated as 10%, while his left lower extremity radiculopathy was non-compensable prior to April 19, 2016 and now rated at 10%.

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.

The Veteran's lumbar spine disability is rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that the evidence did not support a higher evaluation due to lack of unfavorable ankylosis.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Veteran's cervical spine disability, back disability, radiculopathy of the right and left lower extremities have all been rated at 20 percent since the appeal period began. The Board found no evidence to support a higher rating.

The Veteran's service-connected DJD of the lumbosacral spine and impairment of the sciatic nerve are currently rated at 20 percent, which is the maximum schedular rating available for these conditions.

The Board has granted service connection for lumbar strain and depression, left lower extremity radiculopathy, depression, a cervical spine disability, and right and left shoulder disabilities. The Veteran's left knee disability is remanded due to conflicting evidence from VA examinations. His GERD is also remanded as new symptoms have been reported.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 40 percent, effective May 10, 2017. The claim for a higher rating prior to that date is denied.,The Veteran's sciatica of the left lower extremity is currently rated at 20 percent, effective November 3, 2014. The claim for a higher rating prior to that date is denied.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of clear evidence to rebut the presumption of regularity that applies to VA's date-stamping of incoming mail, and thus, the earliest possible effective date is June 1, 2011.

The Board has granted the Veteran's claims for annual VA clothing allowances for bilateral KAFO leg braces used due to her service-connected cervical spine disability, despite the VAMC initially denying these claims.

The Veteran's sciatic nerve impairment of the left lower extremity is granted a 40% evaluation, effective from the date of the decision. The claim for an earlier effective date for service connection for lumbosacral strain and sciatic nerve impairment of the left lower extremity remains pending.

The Veteran's cervical spine disability, including DDD and herniated disc, is granted as service connected.,His bilateral upper extremity radiculopathy and right CTS are also granted as secondary to his service-connected cervical spine disability.,Service connection for MDD is granted.

The Veteran's degenerative disc disease of the lumbar spine with spinal stenosis, right and left lower extremity radiculopathy, and hypertension are all granted initial ratings. The Veteran is also granted a TDIU based on his service-connected disabilities.

The Veteran's claim for a rating in excess of 40 percent for herniated nucleus pulposus has been denied. The Board found that the evidence did not show ankylosis or unfavorable ankylosis, and thus no higher rating is warranted.,Service connection for liver disorder was denied as there was no indication of any in-service event, injury, or disease related to this condition.

The Veteran's service connection claim for a right shoulder disability is granted, with reasonable doubt resolved in his favor.,The Veteran's service connection claim for malignant liposarcoma (claimed as lipoma) is remanded due to insufficient evidence regarding its relationship to service.

The Veteran's claim for service connection was reopened due to new and material evidence, but the appeal is still pending as a remand has been ordered.

The Veteran's death was caused by cirrhosis of the liver, which is secondary to his service-connected back disability and acquired psychiatric disorder. Service connection for a liver disability, low back disability, right lower extremity sciatica, left lower extremity sciatica, and an acquired psychiatric disorder (depression) has been granted.