Radiculopathy & sciatica decisions — 2015

The Veteran's claims for service connection, increased rating for lumbar spine disability, and TDIU are being remanded due to the need for additional medical examination and development of records.

The Veteran's claims for increased ratings were denied across multiple conditions, including right and left shoulder disabilities, cervical spine IVDS, lumbar spine IVDS, upper extremity radiculopathy, plantar fasciitis, and headaches. The VA determined that the evidence did not support a higher rating for any of these conditions.

The Veteran's sciatic nerve right (external cutaneous nerve, L1-L4 sensory deficit, right lower extremity) was rated at 20 percent prior to July 18, 2012 and increased to 40 percent effective July 18, 2012. The claim for a higher rating is denied.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's cervical spine disability and its relationship to service. The issues of entitlement to service connection for degenerative disc disease of the cervical spine and radiculopathy of the left arm are inextricably intertwined and must be deferred pending further development.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and occupational background.

The Veteran's service connection claim for a back disability and hypertension was granted. The Board found that the Veteran's current back disabilities are related to his military service.

The Board has determined that the evidence does not support a finding of a current left shoulder disability, and thus service connection for this condition cannot be granted. The right shoulder and left hip claims are also pending.

The Veteran's claims for an increased evaluation and TDIU are being remanded due to the need for additional medical examination and development of records.

The Veteran's service-connected residuals of a low back injury and sciatic neuritis of the lower extremities have not met the criteria for increased disability ratings beyond those currently assigned.,The Veteran does not meet the schedular criteria for TDIU due to his service-connected disabilities.

The Veteran's lower extremity neuropathy is currently rated as noncompensable, with no evidence of more than mild incomplete paralysis. The appeal for increased ratings is denied.

The Veteran's service-connected lumbar spine radiculopathy to the left lower extremity is rated at 40 percent, effective September 13, 2007. The Board also granted a total rating for compensation based on individual unemployability as of that date.

The Veteran's TDIU claim is being remanded due to the need for additional development, including securing VA treatment records and scheduling a vocational evaluation.

The Veteran's cervical radiculopathy of the left upper extremity is related to his military service and has been granted. The other issues remain under consideration.

The Board has denied the Veteran's claim for service connection for a low back disability, to include bilateral lower extremity radiculopathy, finding that there is no evidence of an in-service injury or disease and insufficient medical evidence linking his current condition to service.

The Veteran's low back strain with degenerative changes and radiculopathy of the lower extremities have been rated at 40 percent since March 4, 2008. The rating is based on direct service connection without any presumption or secondary theory.

The Veteran's claim for an earlier effective date for TDIU is granted, with the effective date set at May 20, 2004. The Veteran was found to be unemployable due to service-connected disabilities as of that date.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran's claims for increased ratings for intravertebral disc syndrome and radiculopathy of the right and left legs have been granted, with each condition receiving a 20 percent rating.

The Board has remanded the case for further development, including obtaining VA and private treatment records, arranging for a neurological examination to determine if the Veteran's lower extremity disabilities are related to his service-connected low back disability, and arranging for a psychiatric examination to determine if he has a psychiatric disability secondary to his service-connected low back disability. The claims will be readjudicated after these actions.

The Veteran's claim for an effective date prior to January 23, 1998 for the award of a TDIU rating was granted. The Board found that the Veteran was unemployable due to his service-connected disabilities prior to this date.