Radiculopathy & sciatica decisions — 2020

The Veteran's varicose veins of the right and left lower extremities, as well as her LUE radiculopathy, have been granted initial ratings. Service connection for nerve impairment of the bilateral feet has been remanded.

The Veteran's adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease of the lumbar spine with IVDS, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis have been rated. The 10% rating for degenerative disc disease of the lumbar spine with IVDS has been restored from January 13, 2020.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, increased ratings for diabetes mellitus and its associated neuropathies, and initial ratings higher than 60 percent for peripheral artery disease of both lower extremities.

The Veteran's claims for service connection have been reopened and are now pending before the Board.

For the period from May 11, 2009 to October 12, 2012, the Veteran's lumbar spine degenerative arthritis was rated at 40 percent and right lower extremity radiculopathy at 10 percent.,Effective July 16, 2012, a separate 20 percent rating for right lower extremity radiculopathy was granted.

The Board has remanded the case due to insufficient data regarding whether the Veteran's current left hand and wrist neurological condition is related to his active duty training period in March 2011. The issue now requires a determination of whether the Veteran incurred or aggravated a left wrist and hand condition during that period, and if so, whether it is linked to his current disability.

The Veteran's lumbar spine fusion, DDD and DJD is rated at 40 percent effective July 17, 2013.,Radiculopathy of the left lower extremity (LLE) prior to March 2, 2020, is rated at 20 percent effective July 17, 2013.,The Veteran's scar of the lumbar spine is not compensable.

The Veteran's claims for service connection for radiculopathy of the right and left lower extremities, as well as degenerative arthritis of the lumbar spine, were granted with effective dates set at October 25, 2017. However, these decisions are being remanded due to additional evidence not having been considered.,The Veteran's claims for service connection for hypertension and unspecified cerebral ischemia are also being remanded.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities was denied as his conditions do not render him helpless enough to require such assistance.

The Veteran's lumbosacral strain, right and left lower extremity radiculopathy, and bowel incontinence have been granted ratings of 40 percent each since June 22, 2009.

The Veteran's case is being remanded for additional development, including obtaining treatment records from Tripler Army Medical Center and considering whether TDIU may be predicated on a single service-connected disability for the purposes of establishing SMC under 38 U.S.C. § 1114(s).

The Board has determined that the Veteran does not have a current diagnosis of PTSD and his alcohol dependence is not service-connected. The low back, hip, knee, and leg disabilities are remanded for further examination and opinion.

The Veteran's right and left lower extremity peripheral neuropathy are currently rated at 20 percent each, reflecting moderate incomplete paralysis of the sciatic nerve.,Service connection for an acquired psychiatric disorder (PTSD) is remanded due to unverified claimed stressors.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of December 2, 2011. An effective date of December 2, 2011 is granted for eligibility to Dependents’ Educational Assistance (DEA) benefits.

The Board has granted effective dates of March 1, 2012 for the service connection of various disabilities including obstructive sleep apnea, neck disability, back disability, and bilateral upper and lower extremity radiculopathy.

The Board denied service connection for a lower left extremity disability, including as secondary to the Veteran's service-connected right ankle disability. The decision also denied service connection for peripheral vascular disease and radiculopathy related to lumbar DDD.

The Board denied service connection for radiculopathy of the bilateral lower extremities as there was no evidence linking it to service or a service-connected condition.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee disability, left foot and right foot disabilities, lumbar spine disability with radiculopathy of the lower extremities, as well as increased ratings for these conditions. The appeals are currently on appeal due to outstanding VA treatment records that need to be obtained.

The Board has remanded the Veteran's claims for various issues related to his spine, wrist, and hip conditions due to new evidence submitted after a previous decision.

The Veteran's appeal for an increased rating for cervical strain was dismissed as the Veteran withdrew their appeal.