Radiculopathy & sciatica decisions — 2014

The Veteran's service-connected disabilities, without consideration of his age or non-service connected disabilities, prevent the Veteran from obtaining and maintaining substantially gainful employment. The criteria for TDIU have been met.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for a low back disability and radiculopathy of the bilateral lower extremities.

The Veteran's radiculopathy of the right and left lower extremities has been rated at 20 percent since December 31, 2009.

The appellant is entitled to a higher initial evaluation of 20 percent for C6-7 radiculopathy of the left upper extremity and musculocutaneous neuropathy of the right upper extremity, prior to July 12, 2012.,The appellant is also entitled to an initial evaluation in excess of 10 percent for radiculopathy of the right and left lower extremities.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the Veteran's left knee disability and its relationship to his service-connected disabilities.

The Board has determined that there is no evidence of a current disability related to service for the claimed conditions. Service connection was not granted for tinnitus, but denied for all other claims.

The Board found that the Veteran's chronic back disability and sciatic nerve neuropathy did not have its onset during active military service, thus denying his claim for service connection.

The Veteran's appeal for an initial rating in excess of 40 percent for intervertebral disc syndrome with degenerative arthritis changes has been withdrawn. The remaining issues on appeal will be remanded for further development.

The Veteran's appeal is being remanded for scheduling a hearing before a Veterans Law Judge of the Board in Washington, D.C. or another location closer to Georgia.

The Board denied increased ratings for the Veteran's cervical spine disability, radiculopathy of upper and lower extremities, and peripheral neuropathy. The case is remanded to address effective dates prior to September 23, 2002.

The Veteran is unable to obtain or retain substantially gainful employment due to his service-connected disabilities, and the Board finds that both the positive and negative evidence regarding the Veteran's employability are in relative equipoise. The claim of entitlement to TDIU is thus granted.

The Board has determined that the Veteran's sleep apnea is not related to service and therefore denied his claim for service connection. The other conditions listed were also found not to be related to service.

The Board has denied the Veteran's claims for service connection for lyme disease, bilateral hearing loss, tinnitus, angioedema, and a kidney condition. The Veteran is not eligible for special monthly pension based on aid and attendance or housebound status.

The Veteran's appeal is being remanded for initial RO consideration of the additional evidence and for a VA examination to assess the severity of his service-connected low back disability and right lower extremity radiculopathy. The combined impact of these disabilities on his employability will also be evaluated.

The Veteran's service-connected lumbar spine strain has been rated at 20 percent since January 28, 2010. The rating is granted as the disability does not meet criteria for a higher evaluation based on forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board denied the Veteran's claims for ratings in excess of 10 percent for her service-connected radiculopathy of the right and left lower extremities.

The Veteran's cervical spine disability, neurological impairment of the lower extremities (including radiculopathy, polyneuropathy and peripheral neuropathy), and headaches are all found to be related to his service-connected chronic low back disability with arthritic changes. The claim for an increased evaluation for the low back disability is granted.

The Veteran's claims for increased ratings for lumbar spine DDD and right lower extremity radiculopathy are being remanded due to the need for additional development, including a VA examination.

The Veteran's major depressive disorder and migraine headaches are found to be related to service, while the sciatica of the lower extremities is not considered secondary to a service-connected condition.

The Veteran's service-connected disabilities, including his back disability and radiculopathy of the left leg, have rendered him unable to secure or follow substantially gainful employment since October 5, 2012. A TDIU is granted effective that date.