Radiculopathy & sciatica decisions — 2014

The Board has determined that the Veteran's right lower extremity neurological disability, including radiculopathy and meralgia paresthetica, is presumed to have been incurred in service due to continuous symptoms since discharge.

The Veteran is entitled to a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment due to his service-connected disabilities that severely affect his mobility, necessitating the use of a wheelchair.

The Veteran's low back disorder is currently manifested by limitation of motion and moderately severe neurological abnormalities, but no ankylosis or bladder/bowel impairment. The Veteran was granted a separate 40 percent rating for radiculopathy of the right lower extremity.,Effective May 29, 2007, the criteria for a disability rating of 40 percent for radiculopathy of the left lower extremity associated with the low back disorder have been met.

The Veteran meets the schedular criteria for TDIU and his service-connected disabilities render him unable to obtain and maintain substantially gainful employment.

The Veteran's claims for earlier effective dates for the grants of service connection for tinnitus, PTSD, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity, and TBI have been granted.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is granted from October 24, 2011 onwards. The claim for service connection for radiculopathy of the right lower extremity is also granted as secondary to his lumbar spine disability.

The Veteran's service-connected disabilities, including low back strain and associated radiculopathy of the lower extremities, right shoulder disability, prevent him from securing or following substantially gainful employment.

The Board has determined that the Veteran does not have a low back disability or right leg sciatica due to service, and thus denied both claims.

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

The most probative evidence does not demonstrate that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's hypertension is well-controlled with medication, but does not warrant an evaluation in excess of 10 percent.,The Veteran's radiculopathy of the left lower extremity results in no more than moderate incomplete paralysis and does not warrant an evaluation in excess of 20 percent.

The Veteran's service connected disabilities, which include low back strain, bilateral lower extremity radiculopathy, and residuals of a right fifth metacarpal fracture, all rated at 40 percent combined. The Board finds that the Veteran is unable to engage in substantially gainful employment due to his service-connected disabilities.

The Board found that the evidence did not show moderate incomplete paralysis of the sciatic nerve, and thus a higher rating for left lower extremity radiculopathy was denied.

The Veteran's appeal is being remanded for additional development, including verification of all periods of active duty and obtaining relevant medical records. The Veteran will also be scheduled for VA examinations to address the nature and etiology of any acquired psychiatric disorders.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and radiculopathy of the right lower extremities do not warrant a higher evaluation as they do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the case due to uncertainty regarding the Veteran's ability to maintain adequate academic standards, which may be related to his service-connected disabilities or a psychiatric disorder. Further development is needed.

The Board has determined that the Veteran does not have any of the claimed conditions and therefore, service connection for depression, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy or left lower extremity radiculopathy is denied.

The Board has determined that the grants of service connection for facet arthrosis of the thoracolumbar spine and radiculopathy of the L5 to S1 dermatome were clearly erroneous due to the Veteran's discharge under other than honorable conditions, leading to a denial of restoration of these claims.

The Veteran's service-connected back disability has resulted in mild incomplete paralysis of the left lower extremity, warranting a 10 percent rating.