Radiculopathy & sciatica decisions — 2024

The Veteran's left ear hearing loss was not granted a compensable rating.,For the period from March 23, 2017, to April 27, 2018, the Veteran received a maximum schedular rating for IBS under Diagnostic Code 7319. For the period since April 27, 2018, the Veteran's IBS has been manifested by moderate symptomatology with frequent episodes of bowel disturbance.,The Veteran's sinusitis did not meet criteria for an increased rating as it was not characterized by incapacitating episodes or a history of sinus surgery.,The calluses on the bilateral feet were not painful and collectively measured less than 144 sq. in., thus not meeting criteria for an increased rating.,Right and left knee disabilities have been manifested by findings of limitation of flexion resulting in additional functional loss, but did not meet criteria for a higher rating as they are already at the maximum schedular rating under Diagnostic Code 5260.,The Veteran's right knee instability was granted an initial 30 percent rating and left knee instability was granted an initial 10 percent rating based on moderate recurrent lateral instability.,Radiculopathy of the bilateral lower extremities has been rated at 20 percent, consistent with moderate incomplete paralysis of the sciatic nerve.,The Veteran's TMJ disability is related to a service-connected disability and thus granted service connection.,Crohn's Disease was not found to be incurred or aggravated during service.,Respiratory disability and sleep apnea were not found to be incurred or aggravated during service.,Right and left ankle disabilities were not shown in service and are not otherwise related to service.

The Board has remanded the Veteran's claims for service connection due to insufficient opinions provided by VA examiners regarding the nature and etiology of his bilateral plantar fasciitis and pes planus disabilities. The claims are related as they both involve foot conditions potentially linked to service.

The Veteran's request for an extension of the delimiting date for his Post-9/11 GI Bill educational assistance benefits beyond December 1, 2018 is granted due to medical infeasibility caused by various disabilities.

The Board has decided to remand the case due to a duty-to-assist error in obtaining an adequate rationale regarding whether the Veteran has a current diagnosis of left lower extremity radiculopathy. The AOJ should obtain an opinion indicating whether the Veteran's in-service diagnosis of radiculopathy/sciatica had resolved or progressed into a different diagnosis.

The Board has granted earlier effective dates of July 1, 2020 for the grant of service connection for left lower extremity radiculopathy and an increase in disability rating to 40 percent for service-connected intervertebral disc syndrome (IVDS). These changes are based on evidence showing that the Veteran's conditions worsened or were diagnosed within one year prior to his supplemental claim.

The Board dismissed the Veteran's claim for service connection for discogenic right sciatic radicular pain (partial paralysis right sciatic) as it was granted in a prior rating decision. Service connection was established for other conditions, including chronic sinusitis, PTSD, and various musculoskeletal issues, all presumed related to Southwest Asia service.

The Veteran's service-connected other specified trauma and stressor related disorder, cervical spine degenerative arthritis with intervertebral disc syndrome, right upper extremity radiculopathy, left upper extremity radiculopathy, restless leg syndrome, CFS (Chronic Fatigue Syndrome), fibromyalgia, recurrent ulcer disability to include gastric ulcers, and heart disability to include coronary heart disease have been granted. The Veteran's service connection for these conditions is based on new evidence submitted since the last decision.

The Veteran's claim for a higher rating for his service-connected chronic lumbar strain was denied. However, he was granted service connection for bilateral lower extremity radiculopathy secondary to his service-connected lumbar strain and assigned a 10 percent disability rating for each leg.

The Veteran's appeals for service connection for left and right lower extremity radiculopathy, as well as bilateral knee conditions, have been dismissed due to the grant of these claims in an August 2021 rating decision. The appeal for service connection for a left knee condition and a right knee condition is remanded.

The Veteran's neck disabilities, including degenerative joint disease with cervical spondylosis, cervical radiculopathy, degenerative disc disease, myofascial pain syndrome, and chronic pain syndrome, are granted as service-connected.,The Veteran's headache disability is remanded for further examination to determine its etiology.,The Veteran's acquired psychiatric disabilities, including unspecified depressive disorder and other specified anxiety disorder, are remanded for further evaluation.

The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 10 percent, and the Board finds a rating in excess of 10 percent is warranted.,The Veteran's degenerative disc disease other than intervertebral disc syndrome status post spinal fusion is rated at 20 percent.

The Board has dismissed the claim for a compensable rating for hypertension as moot due to concurrent adjudication and granting of the rating. The Veteran is granted TDIU based on his service-connected disabilities, which have rendered him unemployable. SMC for aid and attendance is also granted due to the Veteran's need for substantial assistance from his husband.

The Board has granted earlier effective dates for the right and left lower extremity radiculopathy of the sciatic nerve, as well as TDIU based on service-connected disabilities.,The Veteran's lumbar spine disability was initially rated in April 2018, and the Board found that his claims for separate ratings for related neurologic impairment were part of this initial claim.

The Board denied the Veteran's claims for earlier effective dates for his service connection for lumbosacral strain with degenerative disc disease, right lower extremity sciatica pain, and left lower extremity sciatica pain. The appeal was not granted as the Veteran did not continuously pursue his claim within one year of the April 2019 decision.

The Veteran's acquired psychiatric disorder is rated at 70 percent, effective May 29, 2015.,The Veteran's left and right lower extremity radiculopathy are each rated at 40 percent, also effective May 29, 2015.

The Board has granted the Veteran's claim for service connection for a cervical spine disability, finding that his current symptoms are related to his service-connected left shoulder disability. The Board considered new evidence submitted by the Veteran and found it relevant to the issue of whether his cervical spine disability is aggravated by his service-connected left shoulder disability.

The Veteran withdrew his appeal, indicating he no longer wished to pursue the claims for service connection and rating determinations related to right lumbar radiculopathy, left lumbar radiculopathy, IBS, a lumbar spine disability, right knee disability, and left knee disability.

The Veteran's claims for increased ratings for her lower back disability and sciatic nerve radiculopathy of the left lower extremity are being remanded due to inadequate VA examinations. The Veteran is currently rated at 10 percent for both conditions, but she contends that these should be higher.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance is remanded due to a pre-decisional duty to assist error. The Board requires an adequate VA examination to clarify whether the Veteran's service-connected disabilities cause him to require the aid and attendance of another.

The Veteran's claim for an initial higher rating of 40 percent for service-connected LLE radiculopathy is granted, with the effective date set at October 9, 2018.