Radiculopathy & sciatica decisions — 2019

The Board has granted a 30 percent rating for bilateral pes planus. The remaining issues of increased ratings for left knee, right knee, and left lower extremity radiculopathy associated with back disability are remanded.

The Veteran's claim for an earlier effective date than March 1, 2016 for CRDP payments is denied because he did not have a combined disability rating of at least 50 percent until after February 25, 2016.

The Board has decided to remand the Veteran's claim for Special Monthly Compensation based on Aid and Attendance due to additional development being necessary.

The Board has remanded the Veteran's claims for service connection due to missing service records, particularly those related to Active Duty Training and Inactive Duty Training.

The Board has granted service connection for the Veteran's left upper extremity cervical radiculopathy, previously claimed as left arm paresthesia, finding that it is at least as likely as not caused by in-service events.

The Veteran's claims for service connection and increased ratings were denied. The appeal was also remanded for further action on several issues.

The Veteran's claims for effective dates prior to December 23, 2014 for service connection and secondary service connection have been denied as the Veteran did not express an intent to reopen his claim or file a new claim prior to that date.

The Board has remanded the Veteran's claims for thoracic scoliosis and low back strain, left hip disability, right hip disability, left knee disability, right knee disability, chronic sinusitis, chronic rhinitis, left lower extremity radiculopathy, and right lower extremity radiculopathy due to concerns about incomplete information or bias in the previous VA examinations.

The Board has found that the Veteran's claims for service connection and increased ratings are inextricably intertwined with his TDIU claim. Therefore, these matters are being remanded to allow for further development.

The Veteran's claim for a higher rating for chronic low back strain with degenerative changes was denied, as the evidence did not meet the criteria for a rating in excess of 20 percent. The claim for TDIU was also denied.

The Board denied increased disability ratings for the Veteran's service-connected low back strain and radiculopathy of both lower extremities, finding that the evidence did not meet the criteria for higher ratings.

The Veteran's service-connected disabilities, including a left leg amputation and diabetes mellitus with extensive diabetic autonomic neuropathy affecting his nerves, preclude him from independent locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, he is eligible for specially adapted housing.

The Board has determined that the Veteran's lumbar spine degenerative disc disease and associated radiculopathies require further review, including a remand for additional examination and rating determinations.

The Veteran's increased ratings for left elbow disability, right elbow disability, and right lower extremity radiculopathy associated with lumbar spine degenerative disc disease are granted.

The Veteran's left lower extremity radiculopathy is rated at a 20 percent disability rating, effective from the date of this decision.

The Board has denied service connection for sciatica, left lower extremity due to lack of a current disability. The claim for snoring and breathing problems (claimed as sleep apnea) is remanded for further examination.

The Veteran withdrew his appeals on several service connection issues, and the Board is dismissing those claims. The claim for an increased rating for postoperative ventral hernia with scar is being remanded.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates due to the need for additional examinations. The Veteran is currently service-connected for inguinal hernia, back disability, right knee limitation of extension, left lower extremity radiculopathy, right lower extremity radiculopathy, right upper lip scar, and right forearm scars.

The Veteran's low back disability is rated at 20% and a separate 10% rating for radiculopathy of the left lower extremity as a neurological complication of his low back disability has been granted. The ratings for retropatellar pain syndrome of both knees and dyshidrotic eczema remain denied.

The Veteran's claim for a VA annual clothing allowance for the year 2016 due to use of back and wrist braces is denied as her fabric-covered braces do not cause irreparable damage to her outer clothing.