Radiculopathy & sciatica decisions — 2013

The Veteran's service-connected disabilities did not render him unable to follow a substantially gainful occupation prior to April 10, 2009. The Board denied the claim for an earlier effective date for TDIU.

The Board has determined that the Veteran's radiculopathy involving the lower extremities is related to his service-connected degenerative disc and joint disease of the lumbar spine, leading to a grant of service connection.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection for tinnitus, bilateral foot condition, lumbar spine condition, and sciatica of the right lower extremity are still pending.

The Board has determined that the Veteran's current diagnosis of L5-S1 level neural foraminal stenosis with associated bilateral lower extremity radiculopathy is at least as likely as not incurred during active military service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent her from securing or following any substantially gainful employment.

The Board has determined that the Veteran's left wrist disability does not present an exceptional or unusual disability picture warranting extra-schedular consideration. The TDIU claim is also denied as it is not supported by evidence of unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board has granted service connection for left lower extremity radiculopathy and sciatica, effective January 17, 1994. The effective date of the grant is now set at January 7, 2005.

The Board has remanded the Veteran's claims for increased ratings for her low back disability and associated bilateral lower extremity radiculopathies due to a lack of recent VA treatment records and an updated VA examination.

The Veteran's current lumbar spine disability, including left sciatica symptoms and spondylolysis with grade 1-2 spondylolisthesis, L5 on S1, is etiologically related to his active service. Service connection for this condition has been granted.

The Board has determined that the Veteran does not have a current disability for any of the conditions he claims, and therefore service connection is denied.

The Veteran's radiculopathy of the right and left lower extremities has been granted with initial compensable disability ratings (10%) under service connection for secondary to a pre-existing back disability.

The Board has decided to remand the case for additional development, including obtaining private treatment records and determining whether an examination is required. The Veteran's claims will be reconsidered after this additional development.

The Veteran's lumbar strain and associated left leg radiculopathy have not been shown to warrant a higher initial rating under the applicable VA rating criteria.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted, with the effective date set at March 9, 2005. The Veteran is currently rated at 40 percent for right lower extremity radiculopathy and 20 percent for left lower extremity radiculopathy from March 9, 2005 to July 23, 2009, with the effective date set at that time. The Board also granted a TDIU based on his service-connected disabilities.

The Veteran's appeals for increased ratings for his low back disability and right and left lower extremity radiculopathy and neurogenic claudication have been withdrawn.

The Veteran's service-connected disabilities, including left shoulder strain, lumbar disc disease, L5-S1 radiculopathy of the left lower extremity, and other conditions, are found to preclude him from securing and following substantially gainful employment.

The Veteran was not found unemployable due to his service-connected disabilities prior to April 28, 2004. The Director of Compensation and Pension Service determined that the nonservice-connected cervical spine condition had a significant effect on his ability to work.

The Veteran's claim for a higher initial rating for his lumbar degenerative disc disease with scoliosis is being remanded due to conflicting medical evidence regarding the presence of radiculopathy in both lower extremities. The issue of whether his service-connected disabilities combine to render him unemployable is also being addressed.

The Board denied an initial rating higher than 20 percent for residuals of lumbar surgery to include intervertebral disc syndrome and granted a separate 10 percent rating for right lower extremity radiculopathy.