Radiculopathy & sciatica Board decisions

The Board has remanded the claims for increased ratings for degenerative joint/disc disease of the lumbar spine and left lower extremity sciatica due to inadequate examination reports. The Veteran's disability must be evaluated retrospectively over the claim period, considering flare-ups and repeated use.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment, and the Board has granted a TDIU. The claim for an increased rating for PTSD is remanded due to evidence of worsening.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for an effective date earlier than December 30, 2010, for a 10 percent evaluation for lumbosacral strain is dismissed as the appeal represents a freestanding claim and not a request to revise a final decision based on CUE.,The Veteran's claim for an effective date earlier than August 13, 2013, for service connection of radiculopathy of the left lower extremity is denied as the earliest date that it can be factually ascertained that radiculopathy was demonstrated is August 13, 2013.,The Veteran's claim for a 30 percent rating for obstructive sleep apnea (OSA) is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for a 10 percent rating for tinnitus is remanded as there is no evidence of service connection prior to June 11, 2014.,The Veteran's claim for service connection for a hip disability is denied due to lack of current diagnosis.

The Veteran's lumbar spine condition is not related to service, and the Board denied his claim for service connection.

The Board has determined that further development is needed for the issues of propriety of reduction of disability ratings and entitlement to increased ratings, as well as a TDIU claim prior to July 20, 2010.

The Veteran's service-connected disabilities do not result in permanent impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, ankylosis of a knee or hip, or loss of use of a hand or foot such that no effective function remains other than that which would be equally well served by an amputation stump at the site of election below the elbow or knee with the use of a suitable prosthetic appliance. Therefore, eligibility for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only is denied.

The Veteran's right knee arthritis is granted as secondary to his service-connected degenerative disc disease of the lumbar spine. The Veteran's left leg radiculopathy is granted with a rating of 40 percent.

The Veteran's service connection for obstructive sleep apnea, bilateral pes planus with pronounced symptoms, right lower extremity radiculopathy, and lumbosacral spine degenerative disc disease are granted. The Veteran is also entitled to a maximum schedular rating of 50 percent for his bilateral pes planus.

The Veteran was granted SMC at the housebound rate effective December 10, 2010 due to service-connected major depression.,SMC for loss of use of both feet was granted effective December 3, 2015.

The Veteran's electric wheelchair, prescribed for his service-connected spinal condition, is found to cause wear and tear on his clothing. The Board grants an annual clothing allowance for the year 2021.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including right sciatic radicular pain, right hip condition, right knee condition, cervical spine condition, lumbar spine condition, left hip condition, and left knee condition. The claims are being remanded to allow for further examination and consideration.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.,The Veteran is seeking an increase in his rating for degenerative joint disease of the lumbar spine, which may impact his radiculopathy of the right lower extremity.

The Board denied an earlier effective date for the grant of service connection for left upper extremity radiculopathy, finding that there was no procedural error and no clear and unmistakable error in prior decisions.

The Veteran's claims for increased ratings for left lower extremity radiculopathy of the sciatic and femoral nerves remain denied. The Board finds that remand is necessary to obtain an addendum VA medical opinion explaining the examiner's decision regarding right lower extremity radiculopathy.

The Board has denied an increased rating for the Veteran's lumbar spondylosis with degenerative disc disease and remanded his claims for allergic rhinitis, right leg radiculopathy/claimed as lumbar neuritis, and left leg radiculopathy/claimed as lumbar neuritis. The Veteran is required to provide updated VA examinations and a Statement of the Case concerning these issues.

The Veteran's depression rating was reduced from 70 percent to 50 percent, and the appeal for this reduction is granted.,The Veteran's sciatic radiculopathy of the left lower extremity rating was reduced from 40 percent to 20 percent, and the appeal for this reduction is granted.,The Veteran's femoral radiculopathy of the left lower extremity rating was reduced from 30 percent to 20 percent, and the appeal for this reduction is granted.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) and Dependents Educational Assistance (DEA) benefits prior to September 6, 2013 was denied. The Board found that the Veteran did not have any pending appeals or awards of service connection prior to this date.

The Veteran's left sterno-clavicular joint disability is currently rated at 20 percent prior to April 1, 2019, and 30 percent thereafter. The Board has remanded the issue for further development.,The Veteran's cervical spine disability with limitation of motion is currently rated at 20 percent. The Board has also remanded this issue for further development.,The Veteran's left upper extremity radiculopathy is currently rated at 30 percent. The Board has remanded the issue for further development.

Service connection for right lower extremity sciatic radiculopathy and left lower extremity sciatic radiculopathy has been granted.,An initial rating of 20% for left upper extremity radiculopathy is granted, with a separate rating of 10% for right knee instability.

The Board has granted an effective date of March 6, 2015 for the Veteran's service-connected left upper extremity radiculopathy as secondary to his cervical spine disability with osteophytes.