Radiculopathy & sciatica Board decisions

The appeal is granted as the NOD received on April 17, 2015 was timely and contests the denial of service connection for spondylosis/spondylolisthesis, depression, sciatica/radiculopathy, hypertension, and total disability rating based upon individual unemployability.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for higher ratings for PTSD and service connection for various spine conditions, as well as secondary service connection for radiculopathy of the upper and lower extremities. The claims are being remanded to allow for further development.

The Veteran's ratings for sciatica and hamstring sprain/strain were reduced from 10% to 0%, effective February 1, 2016. The Board found that there was no actual improvement in the Veteran’s disability level and ability to function under ordinary conditions of life and work at the time of the reductions.

The Board has remanded the cases for further development and consideration, including obtaining VA treatment records and scheduling a new examination to assess the severity of the Veteran's service-connected back disability and associated lower extremity neurological disability. The TDIU claim is also being remanded as it may be significantly impacted by the outcome of the rating issues.

The Veteran's left lower extremity sciatica with radiculopathy has been rated at 40 percent since the period on appeal, which is the highest rating available for this condition.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment prior to June 7, 2016.

The Board has granted a 30 percent rating for bilateral pes planus. The remaining issues of increased ratings for left knee, right knee, and left lower extremity radiculopathy associated with back disability are remanded.

The Veteran's claim for an earlier effective date than March 1, 2016 for CRDP payments is denied because he did not have a combined disability rating of at least 50 percent until after February 25, 2016.

The Board has decided to remand the Veteran's claim for Special Monthly Compensation based on Aid and Attendance due to additional development being necessary.

The Board has remanded the Veteran's claims for service connection due to missing service records, particularly those related to Active Duty Training and Inactive Duty Training.

The Board has granted service connection for the Veteran's left upper extremity cervical radiculopathy, previously claimed as left arm paresthesia, finding that it is at least as likely as not caused by in-service events.

The Veteran's claims for service connection and increased ratings were denied. The appeal was also remanded for further action on several issues.

The Veteran's claims for effective dates prior to December 23, 2014 for service connection and secondary service connection have been denied as the Veteran did not express an intent to reopen his claim or file a new claim prior to that date.

The Board has remanded the Veteran's claims for thoracic scoliosis and low back strain, left hip disability, right hip disability, left knee disability, right knee disability, chronic sinusitis, chronic rhinitis, left lower extremity radiculopathy, and right lower extremity radiculopathy due to concerns about incomplete information or bias in the previous VA examinations.

The Board has found that the Veteran's claims for service connection and increased ratings are inextricably intertwined with his TDIU claim. Therefore, these matters are being remanded to allow for further development.

The Veteran's claim for a higher rating for chronic low back strain with degenerative changes was denied, as the evidence did not meet the criteria for a rating in excess of 20 percent. The claim for TDIU was also denied.

The Board denied increased disability ratings for the Veteran's service-connected low back strain and radiculopathy of both lower extremities, finding that the evidence did not meet the criteria for higher ratings.

The Veteran's service-connected disabilities, including a left leg amputation and diabetes mellitus with extensive diabetic autonomic neuropathy affecting his nerves, preclude him from independent locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, he is eligible for specially adapted housing.

The Board has determined that the Veteran's lumbar spine degenerative disc disease and associated radiculopathies require further review, including a remand for additional examination and rating determinations.

The Veteran's increased ratings for left elbow disability, right elbow disability, and right lower extremity radiculopathy associated with lumbar spine degenerative disc disease are granted.