Radiculopathy & sciatica decisions — 2015

The Veteran's service-connected disabilities, including lumbar disc disease and bilateral radiculopathy, left ankle disability, tinnitus, and hearing loss, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's appeals for increased disability ratings have been dismissed as he has withdrawn his claims.

The Veteran's service-connected disabilities render him unemployable, and the Board finds that he is entitled to a TDIU based on his combined rating of 90 percent.

The Veteran's claim for increased ratings for his lumbar spine and lower extremity radiculopathy disabilities was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has found that the Veteran's claimed disabilities, including bilateral shoulder osteoarthritis, cervical radiculopathy, heart condition (presumably ischemic heart disease), eczema, hypertension, and diabetes mellitus, were not incurred in or aggravated by active service. The VA medical opinions provided less than 50% probability for a nexus between the Veteran's current disabilities and his military service.

The Veteran's service-connected disabilities, including his low back disorder and radiculopathy of the lower extremities, meet the criteria for a TDIU as of September 17, 2012. The case is remanded to determine if all forms of employment are precluded due to these conditions.

The Board has determined that the Veteran's low back disorder, right ankle surgery residuals, and right hip disorder are not related to his military service or secondary to his service-connected right knee disabilities.

The Board has granted service connection for a left lower extremity disability, cervical spine disability, and variously diagnosed psychiatric disorder secondary to the Veteran's service-connected lumbosacral strain with spondylosis.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The TDIU claim will also be addressed.

The Veteran's service-connected disabilities, including his mood disorder and multiple spine and nerve conditions, have rendered him unable to maintain substantially gainful employment since September 14, 2010. A total rating for compensation purposes based on individual unemployability is granted.

The Veteran's appeal is being remanded for additional examinations and development of his claims due to the age of his last VA examination.

The Board has determined that the Veteran's bilateral shoulder condition, including cervical radiculopathy and neuritis, is secondary to his service-connected cervical spine disability. As a result, the claim for service connection is granted.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine and radiculopathy of the right lower extremity are rated at their maximum schedular ratings, with tinnitus receiving a separate initial rating. The hearing loss claim is not addressed in this decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a medical examination to address his current diagnoses of right leg, foot, and wrist pain.

The Board has ordered additional development due to the need for VA and private medical records, including those from the United States Postal Service. The Veteran's claim for service connection for a lumbar disorder with associated radiculopathy and sciatica is being remanded for further action.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examination and notification. The claims are being returned to the AOJ for further development.

The Veteran's appeal for service connection for bilateral sciatica has been withdrawn. The issue of an initial disability rating in excess of 30 percent for depression remains pending.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.

The Veteran's lumbar strain and right leg sciatica were rated at 10% prior to June 19, 2013. From that date, the disability was increased to 20%. The next higher rating of 40% is warranted due to functional loss.

The Veteran's appeal is REMANDED to the agency of original jurisdiction for further action on his claims.