Radiculopathy & sciatica decisions — 2019

The Veteran's lumbar spine disability, other than scoliosis, is not service connected as it did not manifest within one year of discharge and there is no evidence that the condition was incurred in or aggravated by service.

The Veteran's claims for increased disability rating and service connection were denied. The case is being remanded due to the need for additional development, specifically a VA examination for her right arm and/or shoulder disorders.

The Board has determined that a remand is necessary to obtain updated VA examinations for the Veteran's service-connected lumbar spine and lower extremity disabilities, as well as to ensure compliance with current rating criteria.

The Board has remanded the case for further action consistent with the terms of a Joint Motion for Remand (JMR). The Veteran's claim of entitlement to a rating in excess of 50 percent for service-connected PTSD is being remanded, as well as his TDIU prior to September 13, 2016.

The Veteran's service-connected disabilities, including bilateral lower extremity disabilities and several other conditions, have resulted in a combined rating of 100 percent. The Board has granted SMC benefits at the (r)(1) rate based on his need for regular aid and attendance due to his service-connected disabilities. Additionally, the Veteran is eligible for specially adapted housing as he meets the criteria for loss or use of both lower extremities.

The Veteran's cluster headaches, RLE radiculopathy, and GERD have been granted increased ratings of 30 percent each. The effective date is not specified.

The Veteran's appeal is remanded for additional examinations and evaluations to address the severity of her cervical spine condition, as well as her right arm, bilateral hand, and bilateral upper extremity conditions. The VA will need to obtain updated medical records and conduct new examinations to determine the current nature and extent of these disabilities.

The Veteran's claims for service connection, higher initial ratings for his disabilities, and nonservice-connected pension are being remanded due to the need to obtain SSA records and updated income information.

The Board denied service connection for various conditions, including right and left shoulder disorders, ulcers, prostate disorder, hemoglobin disorder, cervical spine disorder, lumbar spine disorder, cardiac disorder, acquired psychiatric disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, dementia and Alzheimer's disease, kidney disorder, right knee disorder, left knee disorder, eye disorder, and hypertension. The Board found no evidence of a nexus between these conditions and service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and private provider information. The Veteran may also undergo a VA examination to assess his current low back disability and right lower extremity radiculopathy.

The Veteran's back disability is not rated higher than 20 percent, and his lower extremity radiculopathies are each rated at 10 percent.,The left ankle fracture residuals warrant a 20 percent rating.

The Board denied the Veteran's claim for TDIU prior to February 25, 2014, finding that his service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected disabilities have not been shown to preclude substantially gainful employment prior to April 7, 2011. Therefore, entitlement to a TDIU is denied for the period prior to that date.

The Board has remanded the case due to insufficient evidence to substantiate a reasonable possibility that the Veteran was unemployable by reason of his service-connected back disability prior to August 8, 2012. The claim is now referred to the Director, Compensation Service for extraschedular consideration.

The Veteran's claim for a higher rating for his acquired psychiatric disability was granted effective February 5, 2016. The appeal regarding the assignment of an earlier effective date for this rating is dismissed.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the left and right lower extremities involving the sciatic nerve have been denied.,For the entire disability rating period under appeal, the Veteran's degenerative disc disease of the lumbar spine was not manifested by forward flexion limited to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; or symptomatology resulting in incapacitating episodes having a total duration of at least four weeks during a 12-month period.,Prior to February 9, 2017, the Veteran's radiculopathy of the left lower extremity most nearly approximated moderate incomplete paralysis of the sciatic nerve. From February 9, 2017, and thereafter, the Veteran's radiculopathy of the right lower extremity most nearly approximated moderately severe incomplete paralysis of the sciatic nerve.,The criteria for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine have not been met. The criteria for a rating in excess of 20 percent for radiculopathy of the left lower extremity, affecting the sciatic nerve, have not been met. The criteria for a rating of 20 percent, and no higher for radiculopathy of the left lower extremity, affecting the sciatic nerve, prior to February 9, 2017, have been met. The criteria for a rating in excess of 40 percent for radiculopathy of the right lower extremity, affecting the sciatic nerve, from February 9, 2017, and thereafter, have not been met.

The Veteran's initial claim for a higher rating for his lower back disability prior to November 15, 2016 was denied. The Veteran's right lower extremity radiculopathy from November 15, 2016 also resulted in a denial of the requested increased ratings.,For both the lower back disability and right lower extremity radiculopathy, higher ratings were not granted as there was no evidence showing that the conditions warranted such an increase.

The Veteran's claims for increased ratings for his back disability and radiculopathy of the right lower extremity were denied. The Board found that the criteria for higher ratings were not met.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is dismissed as moot because the grant of service connection for right and left lower extremity radiculopathy, which are secondary to his service-connected cervical spine disabilities, renders the original claim moot.

The Board has determined that additional evidence is needed to determine the nature and etiology of the Veteran's claimed conditions, particularly regarding their relationship to service-connected disabilities. The case is being remanded for further examination and opinion.