Radiculopathy & sciatica Board decisions

The Veteran's claim for an annual clothing allowance due to the use of a back brace in 2014 is denied as the brace does not qualify under VA regulations.

The Veteran's claims for increased ratings and TDIU were granted, with the initial rating of 40 percent assigned for residuals of a compression fracture of the T-12 with osteoarthritis as of January 13, 2017. The radiculopathy claim was also granted.

The Veteran's claims for increased ratings for his service-connected DDD of the lumbar spine, left lower extremity radiculopathy, and PTSD were denied. The Veteran's DDD of the lumbar spine is currently rated at 10 percent disabling, while his left lower extremity radiculopathy is separately rated as 10 percent disabling. His left knee sprain/strain with chondromalacia is rated at 20 percent and PTSD is rated at 30 percent.

The Veteran's acquired psychiatric disorder, lumbar spine disability, and sciatica of the right lower extremity are all found to be related to his service. The Veteran's current conditions were not caused by or aggravated by any in-service event.

The Veteran's lumbar spine disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are all rated at their highest possible under VA regulations. The Board finds that these conditions meet the criteria for a 40 percent rating each.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the evidence is in equipoise as to whether the Veteran's low back disorder and right leg sciatica are related to service, thus granting service connection for these conditions.

The Veteran's low back disability and radiculopathy of the lower extremities have been granted increased ratings, with a 20 percent rating for each condition.

The Veteran's appeal for special monthly compensation (SMC) based on the need for regular aid and attendance was dismissed because the issue had already been decided in favor of the Veteran by a previous Board decision.

The Veteran's appeal for a rating in excess of 20 percent for radiculopathy of the right lower extremity was denied. The appeal for an extraschedular rating based on multiple service-connected disabilities was also denied.

The Veteran's lumbar spine disability was granted a 40 percent evaluation for the period beginning November 28, 2012. His right lower extremity radiculopathy was also granted a 40 percent evaluation for that same period.

The Veteran's lumbar and cervical spine disabilities, as well as his hemorrhoids, have been rated appropriately. The Board has granted separate ratings for left upper and lower extremity radiculopathy effective December 29, 2016.

The appellant's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 24, 2012, to June 30, 2015.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is caused or aggravated by his service-connected disabilities.

The Veteran's right shoulder disorder and right upper extremity radiculopathy are not service-connected. The Veteran's cervical strain is currently rated at 20%.

The Veteran's claims for cancer of the larynx and a higher rating for DDD of the lumbar spine were not granted. The claim for TDIU was remanded, and separate ratings for left lower extremity radiculopathy are warranted.

The Veteran's service-connected DDD with IVDS has substantially interfered with his employment and he cannot secure or follow a substantially gainful occupation consistent with his education and occupational experience, without regard to nonservice-connected disabilities.

The Veteran's claim for an increased rating for thoracolumbar strain prior to July 23, 2010 was denied. The claim for a higher rating on or after that date was granted at 40%. Service connection for cold injury residuals was denied.

The Veteran's service-connected fractured T-11 residuals are currently rated at 20 percent, and the claim for an increased rating is denied. The Veteran's right lower extremity radiculopathy with involvement of the femoral nerve has been separately evaluated as 20 percent disabling since March 3, 2015, and his left lower extremity radiculopathy with involvement of the sciatic nerve has been separately evaluated as 20 percent disabling from November 10, 2015 to December 14, 2017. The claim for an increased rating is denied.

The Veteran's service-connected disabilities did not prevent him from maintaining substantial gainful sedentary employment prior to April 26, 2013. The preponderance of the evidence is against a finding that his service-connected conditions rendered him unable to secure or follow any form of substantially gainful occupation.