Radiculopathy & sciatica decisions — 2018

The Veteran's claims for increased ratings for type II diabetes mellitus and peripheral neuritis of the sciatic nerve were denied. The Veteran's type II diabetes mellitus did not require regulation of activities, while his peripheral neuritis required a higher evaluation.

The Board granted a rating of 40 percent for bilateral lower radiculopathy from December 5, 2017. The Veteran's radiculopathy was previously rated at 20 percent and is now upgraded to 40 percent effective from that date.

The Board has determined that the severance of service connection for left and right lower extremity radiculopathy was improper, and service connection must be reinstated. Additionally, several other issues have been remanded for further development.

The Veteran's service-connected Guillain-Barre Syndrome and related disabilities are being remanded for further evaluation due to inconsistencies in the examination reports.

The Veteran's claim for SMC based on the need for regular aid and attendance due to his service-connected disabilities is remanded as there are questions regarding the nature and cause of his incapacity that have not been adequately addressed in the VA examinations.

The Veteran's claim for an annual VA clothing allowance due to the use of orthotic shoe inserts is denied as his service-connected disabilities do not meet the criteria for a qualifying appliance under VA law.

The Board granted a 20% rating for the lumbar spine disability prior to July 17, 2014 and a 40% rating thereafter. Separate ratings of 10% were granted for right and left lower extremity radiculopathy effective April 22, 2013.

The Veteran's lumbar spine disability is rated at 60 percent effective August 14, 2011. The right and left lower extremity radiculopathy are each rated at 20 percent beginning August 14, 2012. The right shoulder disability is rated at 30 percent. No rating higher than the current ratings is granted for prostatitis, GERD, or any other conditions.

The Board has decided to remand the case for further development and examination, including obtaining updated treatment records and a VA examination to determine the nature and etiology of the Veteran's back disorder and neurological symptoms.

The Veteran's service-connected conditions do not render him unable to care for himself or protect himself from the hazards of his environment, nor do they make him housebound. Therefore, he is not entitled to special monthly compensation (SMC) based on need for regular aid and attendance or on account of housebound status.

The Board has determined that the Veteran's claims for service connection are not supported by the evidence of record and have been denied.

The Veteran's claims for service connection of various musculoskeletal conditions, including right hip arthritis, left hip arthritis, back disorder, sciatica, right elbow disorder, and left elbow disorder are all denied. The Board found no evidence linking these conditions to military service.

The Veteran's son, T.S., is seeking recognition as a helpless child due to permanent incapacity for self-support prior to age 18. The Board has remanded the case for further development regarding his right hip and radiculopathy of the right lower extremity disabilities.

The Board has decided to remand the case due to conflicting medical opinions regarding the relationship between the Veteran's service-connected lumbosacral spine disability and his left leg neurological disorders. A new examination is needed to clarify these issues.

The Veteran's migraine headaches are rated at 50 percent, and she is granted a TDIU based on her service-connected disabilities.

The Veteran's TDIU claim is granted effective March 15, 2010. The initial ratings for right and left lower extremity radiculopathy are both granted at 10 percent.

The Veteran's sciatica of the left lower extremity is rated at 20 percent since December 4, 2014. His patellofemoral syndrome of the left and right knees are both rated at 10 percent.

The Veteran's initial 70 percent rating for an adjustment disorder with anxiety is granted, and a TDIU is also granted. The appeal is granted to these extents.

The Veteran's claim for an earlier effective date for TDIU was dismissed without prejudice as he did not provide evidence of clear and unmistakable error in the February 2011 rating decision.

The Board has determined that there is no evidence to support the Veteran's claims for service connection of a lumbar spine disorder with radiculopathy, tinea cruris (jock itch), fungus of both feet, and headaches. The preponderance of the evidence does not show these conditions are related to service.