Radiculopathy & sciatica decisions — 2018

The Board has remanded several issues related to the Veteran's service-connected disabilities, including upper extremity peripheral neuropathy and diabetes mellitus type II. The Veteran is also being asked to provide VA treatment records and undergo examinations for his PTSD and diabetes.

The Veteran's claim for service connection for bilateral hearing loss was reopened, but the claim remains denied. The Veteran's lumbar spine disability and right lower extremity radiculopathy were granted initial ratings of 20 percent each.

The Board denied service connection for alopecia, rectal disability (including hemorrhoids and polyps), skin disorder, foot disability, upper left extremity radiculopathy, sleep disorder, and bilateral knee disability as there was no evidence or argument linking these conditions to the Veteran's military service.

The Veteran's claim for a rating in excess of 40 percent for his low back disability has been denied. The Board has also remanded the claims for service connection for bilateral radiculopathy and psychiatric disability, as well as TDIU due to the complexity of these issues.

The Board has ordered remand for the Veteran's claims of service connection for arthritis of the low back, sciatica of the left lower extremity, and sciatica of the right lower extremity. The remand requires a new VA examination to address whether these conditions are related to military service or her service-connected low back strain, including an opinion on aggravation.

The Veteran's service connection claim for bilateral knee osteoarthritis, low back/lumbar condition, left and right lower extremity radiculopathy were denied. The denial was based on the lack of evidence showing that his conditions were aggravated by military service.

The Veteran's TDIU claim for service-connected cervical spine disorder and right upper extremity radiculopathy prior to June 25, 2015 was denied as his education and work experience qualified him for sedentary substantially gainful employment.

The Veteran's spouse is granted special monthly compensation (SMC) based on her need for aid and attendance due to multiple disabling conditions, including lumbar disc disease, cervical disc disease, major depression, and radiculopathy.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to June 10, 2011.

The Veteran's claim for a rating in excess of 20 percent for lumbar IVDS was denied. A separate 10 percent rating for LLE radiculopathy as of February 19, 2010, and a separate 10 percent rating for RLE radiculopathy as of January 12, 2017, were granted.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for new examinations to assess his current disability levels.

The Board has determined that the Veteran's claims for a compensable rating for bilateral lower extremity radiculopathy and TDIU are remanded due to the need for additional examinations and evaluations. The current VA examination is outdated, and a new one must be conducted.

The Board has determined that the Veteran's erectile dysfunction is at least as likely as not caused by his service-connected disabilities, including sleep apnea, lumbar degenerative disc disease/arthritis, major depression, lumbar radiculopathy, plantar fasciitis (left foot), and right shoulder osteoarthritis. As a result, the claim for service connection for erectile dysfunction is granted.

The Board has remanded the Veteran's claims due to a failure to provide adequate notice of relevant private treatment records.

The Veteran's osteoarthritis of the right wrist is currently rated at 10 percent, and a higher rating is not warranted.,Effective July 18, 2007, the Veteran has been granted service connection for radiculopathy of the right lower extremity. Effective September 17, 2013, he was granted service connection for radiculopathy of the left lower extremity.

The Veteran's lumbar spondylosis with DDD is rated at 40% effective April 11, 2018. The left sciatic radiculopathy remains at a 10% rating.

The Board has decided to remand the Veteran's claims for chronic low back strain and right lower extremity radiculopathy due to incomplete information regarding ankylosis of the spine, as well as the need for updated treatment records and a more detailed examination.

The Veteran's PTSD and other service-connected conditions have prevented him from securing and maintaining employment since April 2010. The Board has ordered additional development to obtain updated information about his work history, SSA records, and a VA examination for his PTSD.

The Board has remanded several issues including service connection for a cervical spine disability, increased ratings for lower extremity radiculopathy and lumbar spine disability, and an earlier effective date for the right lower extremity radiculopathy rating. The Veteran is also required to provide updated evidence of his need for aid and attendance or housebound status.

The Veteran's L5 radiculopathy of the left lower extremity has been rated at 60 percent since February 2014. The Board found that his symptoms do not meet or approximate complete paralysis, and thus denied an increased rating beyond this level.