Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased evaluations of his service-connected degenerative disc disease (DDD) and radiculopathy, as well as the issue of TDIU prior to August 28, 2014, are being remanded due to the need for additional examinations and compliance with a court decision.

The Veteran's appeal of service connection for thoracic scoliosis and degenerative disc disease, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, and radiculopathy of the left leg is dismissed. The Board also granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for service connection for PTSD, right knee disorder, and higher ratings for diabetic neuropathy of the bilateral lower extremities affecting both the sciatic and femoral nerves are being remanded due to conflicting evidence regarding his diagnoses and etiology. Effective dates prior to November 16, 2012, for the assignment of 20 percent ratings for diabetic neuropathy of the right and left lower extremities affecting the sciatic nerve and femoral nerve are also being remanded.

The Veteran's bladder disability is granted as secondary to his service-connected lumbar spine degenerative disc disease.,Service connection for headache disability was denied due to lack of current evidence and no identified underlying condition.

The Veteran's appeal for reopening her claims of service connection for lung disease, low back disability with sciatica, and gastrointestinal disability was dismissed as she withdrew the claim for lung disease. The issues of service connection for low back disability and gastrointestinal disability were reopened.

The Veteran's claims for service connection for cervical and lumbar spine disabilities, bilateral upper extremity peripheral neuropathy and radiculopathy, and an acquired psychiatric disorder are being remanded due to the need for additional medical opinions.,Issues related to the Veteran's cervical and lumbar spine disabilities will be addressed first as they could significantly impact other claims.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, effective November 2013. A separate rating of 10 percent for right lower extremity radiculopathy is also granted.

The Veteran's initial rating for left lower extremity radiculopathy is granted, but the issues of service connection for cervical spine disability and headaches are remanded.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examinations and records. The Board will determine if his service-connected disabilities prevent him from obtaining or maintaining employment.

The Board denied the Veteran's claims for effective dates prior to July 31, 2014 for service connection of right ear hearing loss, tinnitus, lumbar spine IVDS, right lower extremity radiculopathy, left lower extremity radiculopathy, and residual scar associated with lumbar spine IVDS.

The Veteran's back disability is rated at 40 percent for the entire period on appeal. The Board also granted initial ratings in excess of 10 percent for his sciatic and femoral nerve radiculopathies, but remanded to obtain additional evidence regarding these conditions.

The Veteran's request to reopen his claim for service connection of a back disability was granted. The Board also remanded the issue of entitlement to an initial disability rating higher than 10 percent for bilateral hearing loss disability.

The Board has granted service connection for left lower extremity radiculopathy and remanded the issue of a higher evaluation for chronic lumbar strain (back disability).

The Veteran's ratings for peripheral neuropathy of the right and left lower extremity sciatic nerve are denied as they do not meet the criteria for a higher rating.

The appeals for the veteran's claims of service connection for degenerative disc disease, emphysema, COPD, ruptured spleen, and sciatica have been dismissed due to the death of the appellant.

The Board has determined that effective dates prior to February 16, 2016 for the grants of service connection for right lower extremity radiculopathy, left lower extremity radiculopathy, and right upper extremity radiculopathy are not warranted.,The preponderance of the medical evidence indicates that the Veteran did not have objective neurologic symptoms in his right upper and bilateral lower extremities prior to February 16, 2016.

The Veteran's low back disability is rated at 20 percent, effective September 4, 2018. Separate ratings of 10% each are granted for right and left lumbar radiculopathy of the lower extremities, also effective August 9, 2007. The TDIU claim was denied.

The Veteran's lumbar radiculopathy was granted a separate rating of 10 percent from January 5, 2009 to December 2, 2011. The Veteran's claim for an increased rating in excess of 10 percent from December 3, 2011 to October 16, 2016 was denied.

The Veteran's low back disc herniation is now rated at 40%, effective from the date of this decision. The right lower extremity radiculopathy remains at a 40% rating.

The Board previously granted SMC at the housebound rate from April 22, 2008 onward. However, due to a previous administrative decision discontinuing TDIU benefits, the RO did not implement this grant of SMC. The case is being remanded for further action.