Radiculopathy & sciatica decisions — 2019

The Veteran's claim for SMC by reason of being housebound is denied, but his claim for SMC based on the need for regular aid and attendance is granted. The Board found that the Veteran requires assistance with activities of daily living due to his service-connected disabilities.

The Board has granted service connection for the Veteran's lumbar spine disability and left lower extremity radiculopathy, finding that these conditions are secondary to his service-connected left knee and left ankle disabilities.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected diabetic peripheral neuropathy of the upper and lower extremities, including the femoral nerve and sciatic nerve. The case is being remanded for further development.

The Veteran's claims for increased ratings for radiculopathy and degenerative disc disease lumbar spine were denied. The Board found that the evidence did not support a higher rating based on current symptomatology.

Service connection for a neurologic bladder impairment disability, including as secondary to a service-connected lumbar disc disease is granted. The rating in excess of 20 percent for the service-connected lumbar disc disease and service connection for bilateral lower extremity radiculopathy are remanded.

The Board dismissed the Veteran's appeal for a bilateral knee disability. The claim of service connection for a lumbar spine disability was reopened, but remanded due to insufficient evidence. The issue of radiculopathy of the bilateral lower extremities is also remanded.

The Board denied increased ratings for the Veteran's low back disorder, right and left lower extremity radiculopathy. The maximum rating of 40% was assigned for the low back disorder.

The Board has remanded the claims for a disability evaluation in excess of 20 percent for lumbar spine disability and radiculopathies of both lower extremities due to inadequate examination reports. The Veteran must undergo a new VA examination to assess the current nature and severity of his disabilities.

The Veteran's initial disability rating for thoracolumbar spine strain is granted at 40 percent, effective prior to April 8, 2016. The appeal regarding IVDS and right lower extremity radiculopathy resulted in some issues being granted (IVDS) and others denied (radiculopathy).

The Veteran's claim for an increased evaluation of his RLE disability was denied. The Board found that the evidence did not meet the criteria for a higher rating, as the Veteran's disability picture did not manifest severe incomplete paralysis with marked muscular atrophy or complete paralysis.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's left low back disability, including left piriformis syndrome with focal gluteal pain and intermittent sciatica, is related to his in-service injury. The Veteran needs additional medical opinions on this issue.

The Veteran's lumbar spine disability and associated sciatic nerve radiculopathy have been granted increased ratings, but the appeal for higher ratings is denied. A TDIU has also been granted. Effective dates prior to April 23, 2014, for service connection are denied.

The Board has reopened the claim for service connection for DDD of the spine due to new and material evidence. The case is remanded for a VA examination to determine if the Veteran's back disability is related to his active service, including an in-service injury.

The Veteran's appeal is remanded due to the need for additional evaluations and records, including employment history and vocational rehabilitation assessments. The AOJ must ensure that all relevant information is obtained before proceeding with a determination of his eligibility for VR&E benefits.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, as his limitations are considered in the combined rating. The preponderance of evidence does not support TDIU.

The Veteran's claim for an initial evaluation in excess of 10 percent for radiculopathy of the left lower extremity is being remanded.,The Veteran's claim for an initial evaluation in excess of 10 percent for radiculopathy of the right lower extremity is being remanded.

The Veteran's claims for increased evaluations of his intervertebral disc syndrome (IVDS) and radiculopathy are being remanded due to the need for updated medical evidence.,The Veteran’s TDIU claim is also being remanded as it is intertwined with the evaluation issues.

The Veteran's service-connected disabilities, including lumbar spine degenerative arthritis with intervertebral disc syndrome, right knee instability, and lower extremity radiculopathies, have rendered him unable to maintain substantially gainful employment consistent with his education and occupational background.

The Veteran's claim for a higher rating for lumbar strain and a separate rating for left lower extremity radiculopathy related to the service-connected lumbar strain is partially granted. The Veteran still has an issue with his lumbar strain, but he now receives a separate rating for his left lower extremity radiculopathy.

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a total disability rating based on individual unemployability.