Radiculopathy & sciatica decisions — 2015

The Board has remanded the case for further development, including obtaining Social Security Administration records and scheduling VA examinations to determine the nature and etiology of any diagnosed low back, hip, and neurological disorders. The claims will be readjudicated after these actions.

The Veteran's right lumbar radiculopathy was granted a compensable rating for the period from April 6, 2010 to November 17, 2011. The Board also found that he is unemployable due to his service-connected disabilities.

The Veteran's claim for an earlier effective date for the increased rating of lumbosacral spine spondylolisthesis is being remanded due to the need to obtain VA treatment records from prior to 2000.

The Veteran's low back disability and radiculopathy of the left lower extremity have been granted service connection with a rating of 40 percent, effective August 11, 2010. Service connection for left foot drop has not been established.

The Veteran's claim for an earlier effective date for the grant of service connection for right leg sciatica is dismissed as a freestanding claim due to finality.

The Board denied the Veteran's claims for service connection for a psychiatric disability and bilateral lower extremity radiculopathy, both to include as secondary to lumbar degenerative joint and disc disease with spasm and anterolisthesis of S1/L5. The decision is based on lack of probative evidence showing current disabilities.

The Veteran withdrew his appeals for left shoulder tendonitis, cervical spine disorder, and radiculopathy of the left upper extremity prior to a decision being made.

The Board has determined that the Veteran's current low back disability, including lumbar strain with sciatica, is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's service-connected disabilities, including his back disability and bilateral leg disabilities, render him unable to secure or follow substantially gainful employment. As a result, the Board has granted TDIU.

The Veteran is granted a 20 percent rating for his right knee condition, effective from June 4, 2015. He remains rated at 10 percent for the painful limited range of motion and peripheral neuropathy.

The Veteran's service-connected disabilities, prior to January 13, 2012, have rendered him unable to secure and follow substantially gainful employment due to his chronic low back strain with spondylosis and sciatica of the lower extremities.

The Veteran's claims for increased ratings and service connection were denied. The issue of service connection for a cervical spine disorder was withdrawn by the Veteran.

The Board has determined that the Veteran's sciatica is attributable to service and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and arranging for a VA examination to assess the current severity of his service-connected lumbar spine and bilateral lower extremity radiculopathy disabilities. The AOJ must also consider whether an extraschedular rating is warranted based on the impact of these disabilities on employment.

The Board has remanded the case for further development, including obtaining private treatment records and scheduling a VA examination to determine if the Veteran's back disorder is related to his military service or any of his service-connected disabilities.

The Veteran's low back disability and radiculopathy of the bilateral lower extremities have been evaluated based on their current manifestations. The claim for increased ratings is denied as the evidence does not show that the disabilities warrant a higher rating at any point.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and thus denies his claim for a TDIU.

The Veteran's service-connected spine disability renders him unable to obtain or maintain any form of substantially gainful employment consistent with his education, training, and work history since January 2, 2011.

The Board has remanded the case for further development, including obtaining VA and SSA records, scheduling a VA examination, and issuing a statement of the case on the issues of service connection for low back disability and psychiatric disorder.

The Veteran's claims of service connection for various conditions, including tinnitus and PTSD, were granted. The hearing loss claim was denied as there is no current disability meeting VA criteria.