Radiculopathy & sciatica decisions — 2019

The Board denied service connection for various conditions, including bilateral hearing loss, tinnitus, cervical spine condition, lumbar spine condition, left and right knee conditions, as well as an acquired psychiatric disorder (including PTSD), finding that the evidence did not establish a nexus to service or a service-connected disability.

The Veteran's ratings for radiculopathy of the right and left lower extremities were reduced from 20 percent to 10 percent, but these reductions were found to be clearly and unmistakably erroneous. The original 20 percent ratings have been restored.

The Veteran's lumbar degenerative arthritis and sciatica of the left and right lower extremities were not granted service connection as they did not manifest to a compensable degree within the applicable presumptive period, were not chronic in service, continuity of symptomatology is not established, and are not shown to be causally or etiologically related to an in-service event, injury, or disease.,The Veteran's sciatica of the left lower extremity was not granted service connection as it did not manifest to a compensable degree within the applicable presumptive period, was not chronic in service, continuity of symptomatology is not established, and is not shown to be causally or etiologically related to an in-service event, injury, or disease.,The Veteran's sciatica of the right lower extremity was not granted service connection as it did not manifest to a compensable degree within the applicable presumptive period, was not chronic in service, continuity of symptomatology is not established, and is not shown to be causally or etiologically related to an in-service event, injury, or disease.

The Veteran's radiculopathy of the left lower extremity is rated at a 60 percent, but not higher, due to severe incomplete paralysis of the sciatic nerve with marked muscular atrophy.

The Board has remanded the Veteran's claims for increased ratings for radiculopathy of both lower extremities due to incomplete paralysis of the sciatic nerves and external popliteal nerves. A medical examination is needed to assess the current severity of the Veteran's lumbar radiculopathy.

The Veteran's claims for increased ratings for diabetes mellitus and coronary artery disease (CAD) are being remanded as the effective dates have not been established.,The Veteran's claim for TDIU is also being remanded due to its inextricability with the above issues.

The Veteran's radiculopathy of the right lower extremity is granted a rating of 40 percent, but not higher. The issue of TDIU prior to January 16, 2018, has been remanded.

The Board has determined that additional development is necessary for the Veteran's claims, including obtaining medical records and conducting VA examinations to assess his lumbar spine and left lower extremity disabilities. The TDIU claim remains in appellate status.

The Board has granted special monthly compensation for the Veteran's need for aid and attendance due to his service-connected disabilities, including cervical spine disability, right and left shoulder disabilities, radiculopathy of the upper right extremity, thoracic strain, bilateral hearing loss, and tinnitus. The Board also found that the Veteran is permanently housebound by reason of these service-connected disabilities.

The Veteran's thoracolumbar spine degenerative arthritis is currently rated at 20 percent and the Board finds no basis for a higher rating.,The Veteran's left lower extremity radiculopathy (femoral nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.,The Veteran's right lower extremity radiculopathy (femoral nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.,The Veteran's left lower extremity radiculopathy (sciatic nerve) is currently rated at 20 percent and the Board finds no basis for a higher rating.,The Veteran's right lower extremity radiculopathy (sciatic nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.

The Board denied the Veteran's claims for clothing allowances for a brace used for his service-connected back disability and topical medication used for his service-connected eczema in 2018, as there was no evidence that these items caused significant damage to his clothes.

The Board has decided that there is insufficient evidence to determine the etiology of the Veteran's lumbar spine disorder, psychiatric disorder (to include PTSD), and radiculopathy of the bilateral lower extremity. The claims are being remanded for further development.

The Board has remanded the cases for further development and examination, including obtaining additional medical records and providing nexus opinions regarding the Veteran's claimed conditions.

The Veteran's back disability is rated at 60 percent since July 25, 2008.,The Veteran's left leg radiculopathy is rated at 40 percent since November 13, 2014. A TDIU was granted effective from July 25, 2008.

The Board denied the Veteran's claims for service connection for right and left upper extremity disabilities, as well as a lumbar spine disability. The Board found that there was no evidence of a nexus between these conditions and service.,The Board also denied the claim for secondary service connection for radiculopathy of the bilateral lower extremities, finding that the Veteran did not have service-connected lumbar spine disability.

The Veteran's appeals for increased evaluations and service connection were dismissed due to withdrawals by the Veteran or his representative. The appeal for secondary service connection for GERD was also dismissed.

The Veteran's claim for a higher rating for his back disability and radiculopathy of the lower extremities has been denied. The effective dates for service connection have also been dismissed or denied.

The Veteran's increased rating claim for low back disability was denied. Separate initial ratings of 20 percent were granted for radiculopathy of the right and left lower extremities, but these are subject to regulations governing monetary awards.

The Veteran's initial increased ratings for lumbar spondylosis and left lower extremity radiculopathy have been denied.,The Veteran is granted a total disability rating based on individual unemployability.

The Board has dismissed the appeal for an earlier effective date for right lower extremity sciatica and has remanded the issues of rating in excess of 10 percent for cervical and thoracic spine disabilities.