Radiculopathy & sciatica decisions — 2019

The Veteran's TDIU claim is granted due to his service-connected disabilities, which include depression and anxiety, left knee conditions, lumbar spine with IVDS, right knee condition, left lower extremity radiculopathy, removal of gallbladder, residual scar from cholecystectomy, and a surgical scar on the left knee. His combined disability rating is 70 percent.

The Board has found that further development is necessary for the service connection claims related to lumbar spine disability, vertigo, migraine headaches, erectile dysfunction (secondary to lumbar spine disability), and right lower extremity radiculopathy. The Veteran's current disabilities are believed to be related to his military service.

The Veteran's peripheral vascular disease of the right lower extremity has been rated at 20 percent, but is not entitled to a higher rating.,The Veteran's type II diabetes mellitus with erectile dysfunction has been rated at 20 percent, and is not entitled to a higher rating.,Prior to December 13, 2018, the Veteran's sciatic nerve peripheral neuropathy of the left lower extremity was rated at 10 percent. Since then, it has been rated at 40 percent in each leg.,Prior to December 13, 2018, the Veteran's sciatic nerve peripheral neuropathy of the right lower extremity was rated at 10 percent. Since then, it has been rated at 40 percent in each leg.

The Board has determined that additional examinations and development are needed to properly assess the Veteran's service-connected disabilities, including their current severity and any functional impairment.

The Veteran's claims for effective dates prior to January 18, 2017, for service connection of various conditions were denied.,Claims for increased ratings for degenerative arthritis of the lumbosacral spine, left knee meniscal injury, PTSD, bilateral lower extremity radiculopathy, and a left knee scar were also denied.

The Board has decided to remand the claims for an initial rating in excess of 20 percent for mechanical lumbar strain with degenerative disc disease, left leg lumbar radiculopathy of the femoral and sciatic nerves, and right leg lumbar radiculopathy of the sciatic nerve. The effective dates for separate compensable evaluations for left leg lumbar radiculopathy of the femoral and sciatic nerves as well as right leg lumbar radiculopathy of the sciatic nerve are also remanded.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of her VA Vocational Rehabilitation and Employment records.

The Veteran's GERD is granted service connection. The claim for higher rating of degenerative arthrosis of the lumbar spine prior to August 7, 2013 is denied. Claims for higher initial ratings for radiculopathy of the left and right lower extremities are granted.

The Veteran's urinary frequency, due to his service-connected hypertension and medication use, is rated at 40 percent. The Veteran also meets the criteria for SMC based on need for regular aid and attendance due to his service-connected disabilities.

The Veteran was granted service connection for various conditions, including anxiety disorder and depression, lumbar strain and intervertebral disc syndrome, right lower extremity sciatica, and bilateral hearing loss. Service connection was denied for cervical spine disability, left knee disability, right knee disability, left ankle disability, and right ankle disability.

The Board has determined that additional medical opinions are needed for the issues of service connection for left hip trochanteric pain syndrome, increased disability ratings for PTSD, radiculopathy of the left hip, and knee disabilities, as well as an increased disability rating for restrictive airway disease with chronic cough. The TDIU issue is also being remanded.

The Veteran's service-connected disabilities rendered him unemployable prior to August 28, 2008, and he is granted a total disability rating based on individual unemployability.

The Board has remanded the Veteran's claims for service connection due to incomplete information regarding his periods of active duty, inactive duty training, and National Guard service. The Veteran is also advised that he must provide authorization for VA to obtain any private medical records relevant to his claims.

The Veteran's disability rating for degenerative joint disease of the thoracic spine with mild abnormal thoracic curvature was reduced from 20% to 10%, effective May 1, 2013. The reduction is granted.

The Veteran's lumbar spine disability is rated at 40 percent, left lower extremity radiculopathy at 20 percent since January 31, 2019, and intermittent vertigo at 30 percent. The claims for increased ratings are remanded.

The Board has remanded the case due to insufficient evidence regarding whether the appellant's service-connected disabilities alone cause him to be housebound or in need of aid and attendance from another person.

The Board denied the appellant's claim for a total rating due to individual unemployability caused by service-connected disabilities, finding that his service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Veteran's combined disability rating of 90 percent from June 18, 2015 is denied. The Board finds the Regional Office properly calculated the Veteran’s combined rating, which is now 80 percent effective June 18, 2015.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current neck disability is related to her service-connected lumbar disc disease or a 1986 in-service injury.

The Veteran's claims for earlier effective dates for service connection of chondromalacia patella and radiculopathy of the right lower extremity have been denied.,The Board has also remanded the TDIU, increased rating, and reduction issues due to additional VA treatment records not having been considered.