Radiculopathy & sciatica decisions — 2018

The Veteran's lumbar spine disability is rated at 40 percent effective August 2013, with separate ratings of 20 percent for each lower extremity radiculopathy. The total disability rating based on individual unemployability due to service-connected disabilities is granted.

The Veteran's service-connected disabilities require him to use a motorized scooter for mobility, meeting the criteria for special monthly compensation based on aid and attendance. Additionally, his permanent and total disability due to service-connected conditions precludes locomotion without aids like braces or crutches, qualifying him for assistance in acquiring specially adapted housing.

The Veteran's back disability has been rated as 40 percent disabling since June 23, 2014.,The Veteran's right radiculopathy of the sciatic nerve has been rated as 40 percent disabling since March 26, 2012. The Veteran also meets criteria for a TDIU rating due to his service-connected back disability and PTSD.

The Veteran's low back disability, depression disorder NOS, and chronic spinal headaches have been found to meet the criteria for a TDIU.,The Veteran has service-connected disabilities that combine to at least 70 percent disabling.

The Veteran's service connection claim for dermatitis, sleep apnea, abnormal thyroid condition due to Lithium use, PTSD with bipolar disorder, thoracic spine disability, LLE and RLE radiculopathy is denied. The appeal was reopened on new evidence.

The Board denied service connection for ischemic heart disease, left lower extremity radiculopathy, and right lower extremity radiculopathy. The claim for an evaluation in excess of 30 percent for degenerative changes of the cervical spine with spondylosis and IVDS was also denied.

The Veteran's appeal for a higher initial rating for his lumbar spine disability was denied because the notice of disagreement was not filed within one year of the September 2009 rating decision.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a grant of TDIU.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete VA examinations, worsening symptoms, and other issues. The Veteran will need to undergo additional VA examinations to determine the severity of her service-connected disabilities.

The Board has remanded the Veteran's claims for increased rating and TDIU due to inadequate statements of reasons or bases, and insufficient consideration of his educational and occupational history. The case is being returned to obtain additional medical and vocational assessments.

The Veteran's irritable bowel syndrome is being remanded to determine if it is distinct from his service-connected GERD.,Left and right sciatica conditions are also being remanded for clarification.

The Veteran's left lower extremity radiculopathy is rated at 20 percent since March 27, 2017. Prior to that date, the disability was rated as 20 percent.

The Veteran's claim for a rating in excess of 10 percent for his right wrist sprain and osteoarthritis was denied. The Board found that the evidence did not show ankylosis, which would warrant a higher rating under DC 5214. For TDIU, the Veteran's service-connected disabilities were deemed to be insufficient to preclude him from securing or following substantially gainful employment.

The Veteran's radiculopathy of the left and right lower extremities is currently rated at 20 percent, which is the maximum rating available under VA regulations. The Board finds that a higher rating is not warranted based on the evidence provided.

The Veteran's TDIU claim is granted, and his initial rating for bipolar disorder with opioid dependence is remanded due to the need for additional evidence.

The appeal seeking service connection for fatigue and dizziness is dismissed. Service connection for a disability productive of bilateral lower extremity pain and numbness, to include bilateral lower extremity radiculopathy and neurogenic claudication, secondary to the service-connected lumbar spine disability, cervical spine disability, and bilateral upper extremity radiculopathy is granted.

The Board denied service connection for a hernia and entitlement to TDIU due to the lack of competent medical evidence linking any current hernia disability to service. The Veteran's other service-connected disabilities do not meet the schedular criteria for a TDIU.

The Veteran's appeal is remanded for further action on the issues of service connection and TDIU.

The Board has determined that the Veteran's back pain and sciatica, which were not previously service-connected, met the criteria for emergency treatment under 38 U.S.C. § 1728 due to his inability to seek VA care in a timely manner.

The Veteran's claim for a higher rating for his service-connected lumbar spine, bilateral knee, and right hip disabilities was granted. He is now in receipt of separate ratings for his lower extremity radiculopathy and DJD of the knees.