Radiculopathy & sciatica decisions — 2015

The Board has remanded the case for additional development, including obtaining medical records and providing an opinion regarding the Veteran's lumbar spine condition.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has been gainfully employed throughout the appeal period.

The Veteran's lumbar spine disorder, right sciatica, left shoulder joint disorder, bilateral foot disorder, and IBS have been granted increased ratings. The effective dates for these increases are not specified.

The Veteran's claims for higher initial evaluations and effective date were granted, with a combined 100% rating effective March 21, 2014.

The Veteran's claims for effective dates prior to December 27, 2012 for service connection of scars and facial neuropathy are granted. The initial disability ratings assigned remain unchanged.

The Veteran's appeal regarding a higher initial rating for his right ankle disability and residual scar, as well as the issue of service connection for sciatic nerve impingement affecting his right lower extremity (claimed secondary to his back disability), was granted by the Board.

The Board has granted service connection for bilateral lower extremity radiculopathy, finding it secondary to the Veteran's service-connected low back disability. The rating of 20% for the low back disability is maintained.

The Board has granted a grant of service connection for a right ankle disability on a secondary basis, increased the Veteran's migraine rating to 50 percent from April 20, 2009, and awarded TDIU based on his combined disability ratings.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of her lower extremity radiculopathy, as well as to assess her employability given her service-connected disabilities.

The Veteran's cognitive impairment and other residuals of TBI not otherwise classified are currently rated at 70 percent disabling since January 18, 2011.,PTSD is currently rated at 70 percent disabling since June 15, 2010.

The Veteran's appeal is being remanded for additional examination and development due to the need for a TDIU determination based on his service-connected disabilities.

The Veteran's appeal is being remanded due to a failure to provide proper notice of the scheduled hearing and incomplete claims file. The case will be processed further with the scheduling of a new hearing, obtaining missing documents from the Veteran's prior paper file, and adding those documents to his VBMS file.

The Board has denied the Veteran's claims of service connection for a right wrist disability, right shoulder arthritis, sleep disorder, and separated collar bone. The claim seeking increased ratings for various disabilities was also denied.

The Veteran's lumbar spondylosis is currently rated at 40 percent, effective February 2, 2013. His left and right lower extremity radiculopathies are each rated at 10 percent.

The Veteran's claim for restoration of service connection for type II diabetes mellitus was denied due to severance.,An effective date prior to June 19, 2007, for the grant of service connection for type II diabetes mellitus is not granted as there is no entitlement to this benefit.,New and material evidence has been received to reopen a claim for service connection for a kidney condition secondary to type II diabetes mellitus. The issue remains on appeal.,The Veteran does not have a kidney condition that is related to his active duty service or any service-connected disability.,The Veteran does not have peripheral neuropathy of the upper extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran does not have peripheral neuropathy of the lower extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran does not have radiculopathy of the upper extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran does not have radiculopathy of the lower extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran's prostate condition was not incurred in service and may not be presumed to have been incurred due to exposure to herbicides. The issue remains on appeal.,The Veteran's daughter does not meet the criteria for benefits for a child born with spina bifida.

The Veteran's claim for a rating in excess of 20 percent for his low back disability was denied, as the evidence did not meet the criteria for such an increase.

The Veteran's claim for a separate disability rating for radiculopathy of the left lower extremity prior to September 23, 2010 was denied as there is no evidence of neurological impairment sufficient to warrant such a rating.,The Veteran's claim for an initial disability rating in excess of 20 percent for radiculopathy of the left lower extremity from September 23, 2010 was also denied due to lack of evidence indicating at least severe incomplete paralysis.

The Board has remanded the case for further adjudication of the Veteran's claim regarding lower extremity radiculopathy secondary to a lumbar strain.

The Veteran's combined disability rating does not meet the percentage requirements for a TDIU rating under 38 C.F.R. § 4.16(a). However, his unemployability due to service-connected thoracolumbar spine disability is supported by Social Security Administration (SSA) records. The case is REMANDED for referral to the Director, Compensation Service, for extraschedular consideration.