Radiculopathy & sciatica Board decisions

The Veteran's claim for service connection for a right leg disability, diagnosed as radiculopathy, was granted by the VA in June 2015.

The Veteran was unable to obtain or maintain substantially gainful employment during the period from April 4, 2009 to May 4, 2011 due to his service-connected low back strain with degenerative disc disease and mild paralysis of the sciatic nerve in the right lower extremity. The Board granted TDIU for this period.

The Veteran meets the percentage requirements for TDIU as he has one service-connected disability rated at 60 percent or more and his combined service-connected disabilities are rated at 90 percent. The evidence demonstrates that the Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected disabilities. The issue of entitlement to TDIU is also remanded.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for a VA examination in connection with his claim of service connection for a nervous disorder. The case will be readjudicated after these actions.

The Veteran's low back disorder and bilateral lumbar radiculopathy are service-connected as secondary to his right knee disability. However, the left knee disorder is not service-connected.,Service connection has been granted for bilateral lumbar radiculopathy but denied for a left knee disorder.

The Veteran's claim for service connection of left lower extremity radiculopathy was granted with an effective date of January 2006, the day after separation from active duty.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining missing medical records and addressing his TDIU claim.

The Veteran does not have a current right hip disability, and the evidence does not establish service connection for any of his other claimed conditions. The Board finds that there is no basis to grant service connection.

The Board has determined that the Veteran meets the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing due to his service-connected disabilities, but he is not eligible for a special home adaptation grant as his claim is moot.

The Veteran's radiculopathy of the right upper extremity was granted a rating of 40 percent effective September 29, 2010. The maximum schedular rating for this disability is 40 percent.

The Veteran's appeal for increased ratings for C5-6 herniated disc, right shoulder dislocation and left upper extremity radiculopathy has been withdrawn by the appellant.

The Veteran's appeal is being remanded for additional development, including scheduling an examination during a period of flare-up and obtaining a medical opinion regarding the cause of his stroke.

The Veteran's appeal of the issue of service connection for irritable bowel syndrome (IBS) has been dismissed due to his withdrawal request.

The Veteran's claim for service connection for a back disorder, including scoliosis and degenerative disc disease with radiculopathy, is being remanded due to the need for additional development.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include PTSD, left lower extremity radiculopathy, lumbar spine disability, cervical spine disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right knee internal derangement, and left knee arthritis. The Veteran's overall picture indicates that he needs constant supervision due to his service-connected disabilities.

The Veteran's sciatic nerve impairment of the right lower extremity is rated at 10 percent, erectile dysfunction and bladder impairment are each rated at 10 percent. The Veteran does not meet criteria for a higher rating or separate ratings for these conditions.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds no basis to grant a higher rating.,Prior to May 27, 2015, the Veteran's hypertension was rated at 10 percent. From May 27, 2015, forward, it has been rated at 20 percent. The evidence does not support a higher rating for either period.,The Veteran's status-post discectomy and laminectomy with herniated nucleus pulposus at L4-5 was initially rated as 10 percent prior to May 27, 2015, and has been increased to 40 percent from that date. The radiculopathy of the right lower extremity was initially rated as 10 percent prior to May 27, 2015, and has been increased to 20 percent from that date. The radiculopathy of the left lower extremity was granted a separate 20 percent rating effective May 27, 2015.,The Veteran's radiculopathies are rated under Diagnostic Codes 8520 and have been increased to reflect their severity based on the degree of impairment they cause. The Board finds no basis for granting higher ratings in either case.

The Board has granted an effective date of March 15, 1979 for the grant of TDIU on an extraschedular basis due to the Veteran's service-connected disability preventing him from securing and following any substantially gainful occupation.

The Veteran's cervical spine disability is currently rated as 10 percent disabling. The Board found that the evidence did not support a higher rating based on functional loss or impairment, and denied his claim for an increased rating.