Radiculopathy & sciatica decisions — 2022

The Veteran's lumbar spine disability, including congenital transitional vertebra anatomy at L5/S1, is granted as service-connected.,Right and left lower extremity sciatica are also granted as secondary to the service-connected lumbar spine disability.

The Board has granted service connection for the Veteran's low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his active service.

The Veteran's service-connected conditions, including urinary incontinence and lumbar spine disability, resulted in a TDIU effective April 9, 2009. The Board granted an earlier effective date of April 9, 2009 for the award of DEA benefits based on the TDIU. The Veteran's lumbar spine disability was restored to a 40 percent rating from May 28, 2022.

The Veteran's lumbar disability and bilateral lower extremity radiculopathy have been rated, but the VA examiner found that the current ratings do not reflect the severity of his conditions. The Board has decided to remand these issues for further development.

The Veteran's lumbar spine disability, including degenerative disc disease and arthropathy at L5-S1, is granted.,Right leg radiculopathy secondary to service-connected lumbar spine disability is also granted.,Left leg disorder (including left knee arthritis and radiculopathy) and gallbladder removal are remanded for further development.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance, resulting in a grant of SMC based on A&A. The issue of entitlement to SMC based on being housebound is moot due to the greater monetary benefit provided by SMC at the A&A rate.

The Veteran's claims for service connection have been denied as new and relevant evidence has not been submitted to reopen the claims.

The Board dismissed the claims for revision of the September 1994 rating decisions due to the failure of those decisions to become final, as new and material evidence was submitted within one year of the decision.

The Veteran's appeal for an initial rating in excess of 10 percent for radiculopathy of the right sciatic nerve has been dismissed as he withdrew his appeal.

The Board has restored the Veteran's ratings for degenerative arthritis and strain of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy to their previous levels from August 1, 2020.

Service connection for tinnitus is granted as the Veteran's current diagnosis of tinnitus was established and there is credible evidence linking it to in-service noise exposure.,Service connection for temporomandibular disorder, claimed as a jaw condition, is denied because the Veteran does not have a compensable disability that has resulted from his bruxism.

The Board has decided to remand the Veteran's claims for bilateral hearing loss, tinnitus, low back disability, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity as secondary to a low back disability. The AOJ is instructed to obtain any outstanding SSA records and provide an addendum medical opinion regarding the etiology of the Veteran's hearing loss and tinnitus.

The Veteran's lumbar strain is granted an initial disability rating of 20 percent, but not higher.,Prior to April 11, 2019, the Veteran's left lower extremity radiculopathy was granted a disability rating of 20 percent, but no higher. From April 11, 2019 to the present, it is granted at 20 percent.,Prior to April 11, 2019, the Veteran's right lower extremity radiculopathy was granted a disability rating of 20 percent, but no higher. From April 11, 2019 to the present, it is granted at 20 percent.,Service connection for a neuropsychological disability due to contaminated water exposure at Camp Lejeune is denied.,Service connection for tardive dyskinesia due to contaminated water exposure at Camp Lejeune is remanded.

The Veteran's claims for service connection have been granted for tinnitus, migraine headaches, lumbar strain, bilateral lower extremity radiculopathy (both legs), right foot plantar fasciitis, left foot plantar fasciitis, right knee patellofemoral syndrome, left knee patellofemoral syndrome, and chronic left ankle pain. The Veteran's acquired psychiatric disorder (anxiety disorder) is also service connected.

The Board has denied the Veteran's claims for service connection for right lower extremity (RLE) sciatica and/or neuropathy, as well as left lower extremity (LLE) sciatica and/or neuropathy. The evidence does not support a finding that these conditions are related to service or any service-connected disability.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since October 11, 2015.

The Board has remanded the case due to issues with the rating assigned for cervical spine degenerative joint disease and upper extremity radiculopathy, including failure to address certain evidence and lack of clear criteria for assigning ratings.

The Veteran's service-connected disabilities would have precluded him from securing and following a substantially gainful occupation consistent with his education, skills, training, and work history.

The Board has decided to remand the case due to an inadequate VA opinion regarding the Veteran's radicular symptoms of the bilateral lower extremities and their relation to his service-connected lumbar spine disability.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation as he was continually employed full-time, his earnings were above the poverty threshold, and he was not employed in a protected environment.