Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities, including sleep apnea, PTSD, degenerative joint disease and spinal stenosis of the lumbar spine, sacroiliac radiculopathy of the left and right lower extremities, prevent him from obtaining and maintaining a substantially gainful occupation.

The Veteran's lumbar spine disability is rated at 40 percent, and his radiculopathy of the right and left lower extremities are each rated at 10 percent. The Board has remanded these issues for further development.

The Board has determined that additional examinations are needed to determine the etiology of the Veteran's claimed conditions and whether they are related to service. The issues include left rotator cuff tear with traumatic arthritis, bone spur on rotator cuff, and nerve impingement syndrome; cervical spine injury; degenerative joint disease of the lumbar spine; residuals of a left hip dislocation; and radiculopathy of the bilateral lower extremities.

The Board has granted service connection for low back disorder, diagnosed as spondylolisthesis, spondylosis, disc disease, and diffuse degenerative joint disease. The right lower extremity radiculopathy is also considered service-connected.,Service connection was denied for bilateral flat feet due to lack of aggravation during military service.

The Veteran is granted a separate 10 percent rating for right lower extremity radiculopathy from May 25, 2007. The issue of service connection for headaches secondary to low back disorder was reasonably raised by the record and referred to the AOJ.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions. The TDIU claim is also being remanded.

The Veteran's service-connected old fracture deformity of the pubic symphysis and associated radiculopathy have been granted ratings, with additional separate ratings for right hip painful motion.

The Board has remanded the TDIU claim for the period from June 17, 2008 to June 15, 2009 due to the finality of the previous decision and the need for extraschedular consideration.

The Veteran seeks SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities.,The Veteran also seeks increased ratings for asthma, lumbar degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU prior to March 31, 2015.

The Board has granted service connection for cervical spine spondylosis and bilateral upper extremity cervical radiculopathy as secondary to the Veteran's service-connected cervical spine spondylosis. Service connection was denied for a thoracolumbar spine disorder.

The Veteran's service-connected disabilities, including major depressive disorder and recurrent low back strain with degenerative changes, have rendered him unable to secure or follow a substantially gainful occupation. A total disability rating due to individual unemployability is granted.

The Board has granted service connection for a right hip disability, status post hip replacement. The claims of bilateral lower extremity radiculopathy secondary to back pain (originally claimed as neuropathy due to diabetes mellitus type II), bilateral ankle condition, bilateral foot condition, and hiatal hernia are remanded.

The Veteran's claims for increased ratings for his service-connected degenerative arthritis of the lumbar spine and radiculopathy of the right lower extremity are being remanded due to the need for additional examinations.

The Veteran withdrew his appeals for service connection and increased ratings in all remaining claims, including bilateral lower extremity radiculopathy, GERD, and a hernia repair scar. The Board has dismissed the appeal as per the Veteran's wishes.

The Board has determined that the April 2018 remand directives have not been substantially complied with, and the Veteran's thoracolumbar disability claim and lower extremity radiculopathy claims are therefore being remanded for further development.

The Veteran's service connection for left upper radiculopathy is granted, effective May 1, 1997.

The Veteran's service-connected left lower extremity radiculopathy does not result in loss of use of the foot, as defined by VA regulations. Therefore, special monthly compensation based on loss of use of one foot is denied.

The Board dismissed the Veteran's appeals for increased ratings and service connection due to lack of any justiciable case or controversy. The Veteran was granted SMC based on his need for regular aid and attendance due to TBI.

The Veteran's deviated septum disability does not meet the criteria for a compensable rating.,There is insufficient evidence to establish service connection for his low back disability, left foot drop disability, or right lower extremity sciatica.,VA has remanded the case due to inadequate examination in assessing the severity of the Veteran's left ankle disability.

The Board has remanded the Veteran's claims for additional development due to a lack of notification regarding a scheduled VA examination.