Radiculopathy & sciatica decisions — 2020

The Veteran's headaches were rated at 50% from September 19, 2018 to August 5, 2019 and at 30% beginning August 6, 2019. The effective dates for the initial ratings of 30%, 10%, and 20% were granted on July 18, 2017 for chronic heartburn with stomach bloating and diarrhea, asthma, and cervical spine radiculopathy respectively. The Veteran's CFS was restored to a 20% rating effective August 6, 2019.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disability was denied because he failed to report for a necessary VA examination without providing good cause.

The Board has granted service connection for mood disorder, gastroesophageal reflux disease (GERD), bladder disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The Veteran's service-connected low back, ankle, and foot disabilities are found to have proximately caused these conditions.

The Veteran's migraine headaches are rated at 50 percent since October 30, 2012.,The Veteran is granted a TDIU effective from the date of claim (October 30, 2012).

The Veteran's sciatic neuropathy of the left and right lower extremities associated with pes planus is being remanded for additional development. The TDIU issue is also being remanded as it is inextricably intertwined with the issues on appeal.

The Veteran's service-connected disabilities, including his back condition with associated radiculopathy, prevented him from securing and following a substantially gainful occupation. The Board granted TDIU effective January 29, 2013.

The Veteran's left hip disability, rated as 10% since August 16, 2012, and his low back disability, rated as 40% since March 1, 2013, are granted. A separate 10% rating is granted for limitation of adduction in the left hip. The Veteran's TDIU claim prior to June 12, 2011, is also granted.

A disability rating of 20 percent for a back disability is granted, effective December 9, 2019.,Initial compensable ratings are denied for right and left lower extremity radiculopathies prior to May 15, 2018. Ratings in excess of 10 percent are granted thereafter.,A 10 percent rating is granted for each ankle disability prior to October 21, 2013. Ratings in excess of 10 percent are denied after that date.,Initial compensable ratings are denied for right and left shoulder disabilities.

The Board has remanded the Veteran's claims for increased ratings for his thoracolumbar spine intervertebral disc syndrome, right lower extremity sciatic nerve radiculopathy, right lower extremity femoral nerve radiculopathy, and left lower extremity radiculopathy due to lack of recent VA treatment records and insufficient current evaluations.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance.

The Board has remanded several claims for further development due to incomplete records and the need for additional medical opinions. The Veteran's service connection claims are being returned to VA for these purposes.

The Board has previously found that the Veteran's service-connected disabilities may warrant SMC for aid and attendance. However, a remand is required to determine if he meets the criteria for such benefits due to his need for regular aid and assistance.

An increased disability rating of 40 percent for lumbar myositis with discogenic disease (back disability) is granted from July 12, 2012 to May 10, 2016.,Higher initial disability ratings of 20 percent are granted for left and right lower extremity radiculopathy and peripheral neuropathy from July 12, 2012.

The Board has determined that the Veteran's erectile dysfunction is less likely than not proximately due to or aggravated by his service-connected thoracolumbar spine and lower extremity disabilities, including medications taken for these conditions. Therefore, the claim for service connection for erectile dysfunction is denied.

The Board denied increased evaluations for thoracolumbar arthropathy and lower extremity radiculopathy of the sciatic and femoral nerves, finding that the evidence did not support ratings higher than 20 percent.

The Veteran's right and left lower extremity radiculopathies are rated at 20 percent each, effective June 24, 2014.,The Veteran is granted TDIU based on service-connected disabilities.

The Board has granted service connection for radiculopathy of the left and right lower extremities as secondary to a lumbar spine disability.

The Board has remanded the cases for additional development, including obtaining VA and private treatment records, relevant SSA records, and a new VA examination to assess the current severity of the Veteran's back disability.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine strain with IVDS and right lower extremity radiculopathy due to inadequate examination findings. The Veteran is required to provide authorization for private treatment records, and a new VA examination must be conducted.

The Board has not yet resolved the earlier effective date claims for radiculopathy of both lower extremities and is remanding these matters due to incomplete compliance with previous directives. The CUE claim regarding service connection for radiculopathy of both lower extremities remains pending.