Radiculopathy & sciatica decisions — 2018

The Veteran's service-connected disabilities do not cause the need for regular aid and attendance of another person or render him housebound, leading to a denial of special monthly compensation (SMC) based upon the need for aid and attendance or housebound status.

The Board has determined that additional examinations are needed to assess the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy disabilities due to incomplete testing in previous VA examinations. The effective dates for service connection of radiculopathy affecting the left and right lower extremities have also been remanded.

The Veteran's lumbar spine disability was granted a 40% rating effective December 23, 2010. The right hip disability and radiculopathy were also granted ratings.

The Veteran's service-connected lumbar spine DDD and associated left leg radiculopathy are being remanded for a new VA examination to assess the current level of severity.

The Veteran's service-connected disabilities, including PTSD, diabetes, and hearing loss, rendered him unable to secure or follow a substantially gainful occupation from October 15, 2012 to December 15, 2017.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional back disability caused by the laminectomy surgery conducted in April 1984 is denied, and his service connection claim for sciatica claimed as secondary to lumbar spine disability is also denied.

The Board has denied the Veteran's claims for service connection for cervical degenerative disc disease, cervical radiculitis with right ulnar neuropathy, and pes planus (fallen arches). The issues have been remanded for further evaluation.

The Veteran's PTSD, right shoulder disability, and cervical spine disability are rated appropriately. The case is being returned for further evaluation on the issues of service connection for hip disabilities, sacroiliac dysfunction, sleep disorder, and headaches.

The Veteran's left upper extremity radiculopathy was restored to a 10 percent evaluation for the period from December 3, 2014, to March 25, 2016. The issues of increased evaluations prior to and after this date remain in appellate status.

The Veteran's diabetes mellitus and sciatic nerve peripheral neuropathy were denied increased ratings. The diabetes was rated at 40 percent prior to April 27, 2015, and 20 percent thereafter. The left and right lower extremity sciatic nerve peripheral neuropathy were both rated at 10 percent.

The Veteran's claim for increased ratings for various conditions related to his diabetes and coronary artery disease was partially granted, with some issues receiving a separate rating.

Service connection is granted for bilateral knee arthritis, low back disorder, left lower extremity lumbar radiculopathy, right lower extremity lumbar radiculopathy, cervical spine degenerative disc and joint disease, cervical radiculopathy (right upper and left upper extremities), acquired psychiatric disorder (major depressive disorder), and erectile dysfunction as secondary to service-connected right knee disabilities.,Service connection is granted for osteoporosis, deviated nasal septum, rhinitis, traumatic brain injury (TBI), left lower extremity patellar dysfunction, right tibia-fibula fracture residuals, right foot pes cavus deformity, right iliac crest, right lateral lower knee, and right medial knee scar, total disability rating for compensation based on individual unemployability (TDIU), and service connection is remanded for these conditions.

The Board has decided to remand the Veteran's claims for left heel/foot disability, osteoarthritis of the lumbar spine, and radiculopathy in both lower extremities due to insufficient medical opinions regarding their etiology.

The Veteran's claim for service connection of radiculopathy of the right lower extremity, associated with thoracic scoliosis and chronic lumbar strain was granted effective May 28, 2014. The initial rating for back condition remains remanded.

The Veteran's cervical spine disability is rated at 20% prior to August 8, 2017 and at 30% beginning from that date. Separate ratings of 20% are granted for right and left upper extremity radiculopathy starting from August 8, 2017.

The Veteran's appeals for earlier effective dates based on clear and unmistakable error (CUE) in prior rating decisions are being remanded due to the Board lacking jurisdiction to adjudicate these claims.

The Board denied service connection for a left knee disability and L3 to L4, L4 to L5, and L5 to S1 disc protrusion with radiculopathy as secondary to a left knee disability due to lack of evidence linking these conditions to the Veteran's active duty service.

The Board has determined that additional development is needed to determine the etiology of various disabilities and to obtain relevant VA treatment records. The claims for service connection are being remanded.

The Veteran's claim for an increased rating for spondylolisthesis of the lumbar spine is remanded due to conflicting findings and a need for clarification on the severity of his current back disability. Additional development, including obtaining updated treatment records and scheduling a new VA examination, is required.

The Veteran's low back disability was rated at 10% prior to January 23, 2015. From that date forward, the rating is increased to 20%. The decision also addresses left lower extremity radiculopathy.