Radiculopathy & sciatica decisions — 2020

The Veteran's service-connected disabilities have been found to meet the criteria for Special Monthly Compensation (SMC) based on aid and attendance, as he requires regular assistance due to his cognitive impairments and physical limitations. The Board has also determined that SMC T is not warranted given the Veteran's condition does not require higher level care.

The Veteran's radiculopathy of the left lower extremity was granted with a 10 percent rating effective June 27, 2011. The Board found that reasonable doubt should be resolved in favor of the Veteran and granted an initial 10 percent rating for this condition. However, the lumbar spine issues were remanded due to insufficient medical examination records.

The Veteran's appeals for service connection for sleep apnea, seizure disorder, and TDIU have been dismissed. The appeal regarding the extension of a temporary total disability rating based on convalescence has also been dismissed. The remaining issues are remanded for further evaluation.

The Veteran's appeals include requests for a compensable rating, effective date determination, increased ratings, and TDIU for his service-connected right ankle conditions. The propriety of the reduction in rating for his right ankle sprain is also being remanded.

The Veteran's service-connected disabilities rendered him in need of regular aid and attendance, which was granted for special monthly compensation based on the need for aid and attendance.

The Board has denied service connection for a back disorder, neck disorder, and bilateral leg disorder due to lack of evidence linking these conditions to the Veteran's military service.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's cervical spine disability and left upper extremity radiculopathy are related to service, thus granting both claims.

The Board has remanded the claims for service connection for lumbar spine disability, right and left sciatic nerve disabilities due to secondary service-connected cervical spine disability. Additional medical guidance is needed to address the Veteran's reports of continuous symptomatology since service or causation.

The Veteran's left lower extremity radiculopathy is rated at 40 percent prior to May 15, 2017, and a higher rating is denied since that date.

The Veteran's service-connected disabilities include lumbar spine disorder, bilateral hearing loss, PTSD with depression, right foot fractures, and recurrent blepharitis. The Board has found that the criteria for SMC at the housebound rate are met.,The Veteran does not meet the eligibility criteria for a special home adaptation grant due to lack of permanent total disability involving both hands or blindness in both eyes.

The Veteran's low back disability is rated at 40 percent, effective from October 27, 2017. The Board has remanded several issues for additional development and clarification of the record.

The Veteran's appeals for an increased disability rating and restoration of a previous rating are dismissed due to his death.

The Board has remanded the Veteran's claims for service connection for right and left lower extremity radiculopathy, secondary to his lumbar spine condition due to insufficient evidence in the November 2017 VA examination.

The Veteran was granted a 20 percent disability rating for left lower extremity radiculopathy and myopathy effective April 26, 2017.,An earlier effective date of May 19, 2011 is granted for the grant of a 20 percent disability rating for left lower extremity radiculopathy with myopathy. The effective date for the 40 percent disability rating for discogenic disc disease of the lumbar spine remains April 26, 2017.

The Board has remanded the claims for service connection for interstitial lung disease, hypothyroidism (claimed as a thyroid condition secondary to agent orange exposure), posttraumatic stress disorder, keratoacanthoma, basal cell carcinomas, seborrheic keratosis, actinic keratosis (pre-cancerous skin lesions), and right sciatic nerve condition associated with low back strain. The Board also remanded the claims for service connection for COD and DIC benefits.

The Board has remanded four issues related to service connection: an acquired psychiatric disorder, irritable colon syndrome, IVDS, and sciatic neuropathy of the right lower extremity. The Veteran's claims for PTSD and MDD are based on private evaluations finding that he meets DSM-5 criteria for PTSD. For gastrointestinal and low back disorders, VA examinations are needed to determine if they are related to service. Regarding sciatic neuropathy, a medical opinion is required if IVDS is established.

The Board denied service connection for a right foot disability and sciatica of the right leg, finding no evidence of these conditions in service or related to service. The claim for reopening of low back disability was also denied.

The Board denied the Veteran's claims for service connection for thoracolumbar spine disability and left and right lower extremity radiculopathy (numbness) as secondary to his service-connected left knee injury. The claim for a rating in excess of 10 percent for residuals of left knee injury was also denied.,The Board found that the Veteran's current back condition is not related to his active duty service or to his service-connected left knee disability, and thus denied service connection on both direct and secondary bases.

The Board has remanded the cases for further development due to lack of contact with the Veteran and incomplete examination records.

The Veteran's claim for service connection for left ear hearing loss has been reopened and granted. The claims for Meniere’s disease, Creutzfeldt-Jakob disease/Variant Creutzfeldt-Jakob disease, an acquired psychiatric disorder (to include generalized anxiety disorder), cirrhosis of the liver, a left shoulder disability, and radiculopathy of the left upper extremity are all remanded.