Radiculopathy & sciatica Board decisions

The Veteran's application to reopen a claim for left foot Achilles tendonitis was denied. The claim for traumatic brain injury was reopened, but the initial rating in excess of 10 percent for radiculopathy of the lower extremities and effective date prior to December 18, 2013 for PTSD were denied.,The Veteran's service-connected PTSD is rated at 50 percent since December 18, 2013.

The Veteran's claim for service connection for a right knee disability was not reopened due to lack of new and material evidence. A 20 percent rating, but no higher, effective November 4, 2010, has been granted for left lower extremity radiculopathy. The increased ratings for left knee disability and bilateral foot disability were denied. An increased rating in excess of 60 percent for a back disability was also denied.

The Board has determined that the Veteran does not have diabetes mellitus due to any incident of his active duty service. The claims for sleep apnea and lumbosacral disc disease with left leg sciatica are remanded as additional medical opinions are needed.

The Veteran's appeal is remanded due to the need for additional development and consideration of his claims, including a VA addendum medical opinion regarding TMJ disorder and bruxism.

The Veteran's back disability and related radiculopathy are being remanded for further evaluation, while the TDIU claim is also being remanded due to its inextricable link with his back disability.

The Veteran's service-connected disabilities (degenerative disc disease of L5-S1 and radiculopathy of the right lower extremity) render him unable to secure or follow substantially gainful employment, warranting a TDIU effective June 14, 2010.

The Veteran's lumbar spine disability, left tibia stress fracture, hypertension, IBS with fecal leakage status post laparoscopic cholecystectomy, sciatic nerve impairment of the right lower extremity, and sciatic nerve impairment of the left lower extremity have been remanded for further review.

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to physical and mental impairments, which has been granted for special monthly compensation.

The Veteran's spouse is granted special monthly compensation (SMC) based on her need for aid and attendance due to multiple disabling conditions that require regular assistance from another person.

The Board has remanded the claims for left wrist disability, arthritis of the lumbosacral spine, bilateral lower extremity radiculopathy, and TDIU due to increased severity of symptoms since the last examinations.

The Veteran's service-connected disabilities, including obstructive sleep apnea, degenerative joint disease of the thoracolumbar spine, and right lower extremity radiculopathy, preclude all substantially gainful employment for which his education and occupational experience would otherwise qualify him. The Board grants entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's depressive disorder, combined with other service-connected disabilities, has rendered him unable to secure or follow substantially gainful employment. Effective November 6, 2012, the Veteran is granted a TDIU.

The Veteran's erectile dysfunction is currently rated noncompensable, but a compensable rating is not warranted as the condition is controlled by medication.,The Veteran's right thigh abscess is currently rated 10 percent and no higher. The evidence does not support an increased rating due to lack of severe pain or involvement of multiple scars.,DMII has been rated at 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as there is no indication of regulation of activities.,Diabetic nephropathy has been rated at 30 percent and no higher. The evidence does not meet the criteria for a higher rating due to lack of definite decrease in kidney function or hypertension with diastolic pressure predominantly 120 or more.,Peripheral neuropathy of the left lower extremity is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least moderately severe incomplete paralysis of the sciatic nerve.,Peripheral neuropathy of the right lower extremity is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least moderately severe incomplete paralysis of the sciatic nerve.,Peripheral neuropathy of the left lower extremity with femoral nerve involvement is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least severe incomplete paralysis.,Peripheral neuropathy of the right lower extremity with femoral nerve involvement is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least severe incomplete paralysis.,Parkinson's disease with tremor, muscle rigidity and stiffness of the right upper extremity and diabetic peripheral neuropathy has been rated 40 percent, but no higher. The evidence does not meet the criteria for a higher rating due to lack of moderate incomplete paralysis in a major extremity.,Left upper extremity peripheral neuropathy is currently rated 20 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate at least moderate incomplete paralysis.,Loss of automatic movements has been rated 10 percent, but no higher. The evidence does not meet the criteria for a higher rating due to lack of more than incomplete moderate paralysis.,Loss of smell due to Parkinson's disease is currently rated noncompensable as there is no indication of complete loss of smell.,Speech changes have been rated 10 percent, but no higher. The evidence does not meet the criteria for a higher rating as symptoms do not approximate severe paralysis.

The Veteran's claims of entitlement to an initial rating in excess of 10 percent for right lower extremity sciatica, TDIU, and SMC based on the need for regular aid and attendance are being remanded due to inadequate examination reports and new evidence is needed.

The Veteran's claim for service connection for a lumbar spine disability was reopened, granted, and an effective date of June 21, 2015, is assigned. Service connection for bilateral upper extremity radiculopathy on secondary basis to his cervical spine disability is also granted. An effective date earlier than October 4, 2016, for the assignment of a 20% rating for his cervical spine disability is denied.

The Board has remanded the Veteran's claims for service connection and rating issues, effective from March 16, 2012. The Veteran is also being asked to complete a VA Form 21-8940 for TDIU.

The Board denied the Veteran's claims for service connection for a left hip disability and increased ratings for his left sciatic nerve neuralgia. The Board found that there was no evidence linking the current hip or sciatica disabilities to service or service-connected conditions.

The Veteran's claims for higher ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. The Veteran's degenerative disc disease was rated at 10 percent prior to September 24, 2015, and at 40 percent from September 4, 2015.

The Board has remanded the case due to incomplete development, specifically a lack of VA examination and opinion regarding the Veteran's other service-connected disabilities. The Veteran is required to report for a VA examination.

The Board dismissed all appeals for increased disability ratings and earlier effective dates due to the Veteran's withdrawal of his appeal. The claims for service connection were not granted prior to December 5, 2008.