Radiculopathy & sciatica decisions — 2021

Effective June 2, 2014, a rating of 40 percent for lumbar spine degenerative disc disease with compression fracture at L2 is granted.,Beginning July 7, 2016, a separate rating of 60 percent for neurogenic bladder is granted. Beginning December 7, 2016, a separate rating of 30 percent for fecal incontinence is granted.

The Veteran's death was not caused by his service-connected disabilities, but the Board has remanded for further clarification on whether diabetes contributed to his death.

The Veteran's claim for a higher rating for his degenerative disc disease with intervertebral disc syndrome, thoracolumbar spine was denied. A separate 10 percent rating is granted for left lower extremity radiculopathy effective December 17, 2012.

The Board has remanded the claims for a separate compensable rating for LLE radiculopathy and entitlement to TDIU due to inadequate examination reports. The Veteran needs further medical evaluation to determine if he has LLE radiculopathy.

The Veteran's back disability was previously rated at 20 percent prior to April 21, 2017 and is now rated at 40 percent after that date.,Radiculopathy in both lower extremities remains a pending issue for further evaluation.

The Veteran's claims for increased ratings for his bilateral lower extremity radiculopathy affecting the sciatic nerve are being remanded due to the need for additional examination and evaluation.,Specifically, the Board finds that a VA examination is required to determine the current severity of the Veteran's service-connected bilateral lower extremity radiculopathy.

The Board has remanded the hip claims for further development. The sciatic nerve and hearing loss claims are denied as there is no current diagnosis of a bilateral sciatic nerve condition or bilateral hearing loss, respectively, and the Veteran's assertions have not been supported by competent medical evidence.

The Board denied the Veteran's claims for service connection for gallbladder condition, hiatal hernia, hypertension, and type II diabetes mellitus. The rating for lumbar spine disability was also denied. However, a separate 10 percent rating was granted for right lumbar radiculopathy, and a 70 percent rating was granted for adjustment disorder with anxiety and depressed mood.

The Board has remanded the case due to insufficient development of vocational rehabilitation and functional capacity evaluations, which were not provided by a vocational rehabilitation counselor as directed in the previous August 2019 remand. The Veteran's service-connected conditions include posttraumatic stress disorder, right lower extremity radiculopathy, lumbosacral strain, right hip osteoarthritis, gastroesophageal reflux disease, and several other disabilities.

The Veteran's claims for increased ratings are being remanded due to the receipt of additional relevant evidence after a Supplemental Statement of the Case (SSOC) was issued. The SSOC must be furnished and the claims will be readjudicated with consideration of the new evidence.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and bilateral lower extremity radiculopathy, finding that there is no evidence of a nexus between these conditions and his active service.

The Board has remanded the Veteran's claims for additional vocational rehabilitation training benefits to obtain a law degree and retroactive induction into a rehabilitation program for completion of a Bachelor of Science degree in construction management due to incomplete records and need for further evaluation.

The Board has dismissed all service connection claims due to the Veteran's death.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative arthritis of the lumbar spine. The claim for an initial compensable rating from December 12, 2014, through August 31, 2016 and in excess of 20 percent thereafter for degenerative arthritis of the lumbar spine is remanded.

The Veteran's right and left lower extremity radiculopathy have been granted increased ratings of 20 percent each, effective February 19, 2013.

The Veteran's claims for increased initial ratings and separate compensable ratings were denied as the evidence did not support higher disability ratings based on service-connected conditions.

The Veteran's service-connected disabilities are deemed to be of such severity as to preclude substantially gainful employment, warranting a TDIU for the period prior to April 13, 2018. The Board has also remanded the issues of entitlement to service connection for chest pain and heart attacks, and neurological conditions, including numb and cold hands and feet, and neurological problems of the arms and shoulders.

The Veteran's lumbar spine degenerative disc disease rating was reduced from 40% to 20%, effective June 1, 2017. The reduction is being remanded as it may have been improper.,The Veteran’s lumbar spine degenerative disc disease has now been restored to a 40% rating.

The Veteran's claims for increased ratings and service connection have been remanded by the Board of Veterans' Appeals. The effective dates for his service-connected conditions remain March 31, 2016.

The Board denied the Veteran's claim for SMC based on statutory housebound status as he does not have a single service-connected disability rated totally disabling, to include consideration of total disability based on individual unemployability (TDIU).