Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new VA examinations to assess the current severity of his thoracolumbar spine disability, left lower extremity radiculopathy, and their impact on his ability to work. The TDIU claim is also deferred until further development.

The Veteran's chronic lumbar strain and related right sciatic nerve impairment are granted a 20% disability rating, effective from May 9, 2014. The left sciatic nerve is granted a 10% disability rating as of March 13, 2018. TDIU remains remanded.

The Board found that the reduction of the disability rating from 40 percent to 10 percent for sciatica of the right lower extremity, effective April 1, 2014, was proper based on improvement in the Veteran's condition.

The Veteran's claim for service connection for depression is denied as he does not have a current diagnosis of depression.,The Veteran's right hip disability was previously rated at 30 percent prior to February 3, 2016. From April 1, 2017, the rating has been increased to 50 percent due to moderately severe residuals of weakness, pain, or limitation of motion.,The Veteran's left hip disability is currently rated as 10 percent disabling and does not warrant a higher rating based on the evidence provided.,The Veteran's back disability is currently rated at 10 percent and does not meet the criteria for a higher rating under any applicable diagnostic codes.,The Veteran's sciatica in the right lower extremity warrants a 20 percent rating as it manifests with moderate incomplete paralysis.

The Board denied service connection for left and right leg sciatica as there is no current diagnosis of the condition.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, degenerative joint and disc disease, and sciatica, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined rating of at least 70% due to these conditions.

The Board has decided that the Veteran's claims for service connection for major depressive disorder, increased ratings for low back disability and radiculopathy of the bilateral lower extremities, and TDIU are remanded due to insufficient evidence. The Veteran needs a new examination to determine if his depression is related to service or his service-connected disabilities.

The Veteran's appeals for initial compensable ratings for bilateral hearing loss and increased rating for radiculopathy of the left lower extremity have been dismissed. The appeal for an initial rating in excess of 70 percent for mood disorder is denied, but a TDIU is granted.

The Veteran's petition to reopen his service connection claim for a right knee condition has been denied. The Board has also remanded the issues of higher evaluations for lumbar spine DDD, bilateral lower extremity sciatica, and TDIU due to service-connected disabilities.

The Veteran's hemorrhoids and low back conditions are found to be related to service.,The Veteran's left leg radiculopathy is found to be related to his service-connected low back condition.,The Veteran's chronic sinus condition is found to have had its onset during service.,There is no evidence linking the Veteran's current left arm/elbow condition to service.

The Board has determined that further development is needed for the issues of service connection for lumbosacral spine DDD, cervical spine DDD, and cervical radiculopathy. The Veteran's claims are being remanded to obtain additional medical records and to provide a new VA examination.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations and opinions. The current evaluations for his service-connected disabilities remain unchanged.

The Board has denied service connection for bilateral hearing loss and a compensable rating for hemorrhoids. The Veteran's claims for increased ratings for his knees and back, as well as the issue of left leg radiculopathy related to his spine disability, are remanded for further development.

The Board has remanded the cases for additional development, including obtaining relevant VA treatment records and a DBQ from the Veteran's treating physician. The issues of service connection for low back disability, bilateral lower extremity radiculopathy, and TDIU are all inextricably intertwined with the low back claim.

The Veteran's back disability is rated at 20 percent, and his radiculopathy of the left lower extremity is also rated at 20 percent. The Veteran's PTSD remains rated at 50 percent prior to January 5, 2017, but not for a higher rating beginning that date.

The Veteran's claims for clothing allowances were denied as the topical anti-inflammatory cream and back brace did not meet the criteria for a clothing allowance under VA regulations.

The Board has granted service connection for a low back disability and radiculopathy of the left lower extremity, both determined to be related to service.,Secondary service connection is also granted for radiculopathy of the left lower extremity as it is found to be due to the Veteran's service-connected low back disability.

The Veteran's prostate cancer has been rated at 100% since August 2012, and the Board finds he is entitled to a rating of 40% for his service-connected prostate cancer from February 21, 2015.,For his bilateral lower extremity sciatic nerve peripheral neuropathy, the Veteran's disability has been rated at 40%, effective since October 29, 2015. The Board finds that he is not entitled to a higher rating as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has granted entitlement to Total Disability based on Individual Unemployability (TDIU) and also granted eligibility for Dependency and Indemnity Compensation (DEA) benefits under Chapter 35, Title 38, United States Code. The TDIU is due to the Veteran's service-connected disabilities making him unable to secure or follow a substantially gainful occupation. DEA benefits are granted based on his unemployability.

The Board has determined that further development is necessary for the issues of increased disability ratings for low back pain with lumbar osteoarthritis and degenerative disc disease, sciatica, left lower extremity, and entitlement to a TDIU. The Veteran will be provided notification letters and asked to provide authorization for VA to obtain private medical records. He will also be scheduled for VA examinations.