Radiculopathy & sciatica decisions — 2015

The Veteran's combined rating for his service-connected disabilities is 60%, which does not meet the schedular requirements for a TDIU. However, due to his employment history and education level, he may be unemployable as a result of his lumbar spine disability on an extraschedular basis.

The Veteran's service-connected disabilities do not prevent him from finding and maintaining substantially gainful employment that is sedentary in nature.

The Veteran's claim for service connection of a right knee disability has been denied as there is no current evidence of such a condition.

The Veteran's claims for increased ratings and effective dates have been denied. The right upper extremity radiculopathy, left foot pes planus, and neck scar conditions are all rated at their maximum allowable levels.

The Veteran seeks service connection for a lumbar spine disability, which he claims was incurred during active duty. The Board finds that additional development is needed to determine if the injury occurred on inactive duty training (IDT) and whether it is related to his current condition.

The Veteran's claim for earlier effective dates for his radiculopathy of the right and left lower extremities was denied as it is not factually ascertainable that he experienced a moderately severe level of disability prior to March 29, 2006.

The Veteran's claims for cervical spine, sciatic nerve disease, and loss of sensation in the right leg are denied as there is no current evidence of these conditions.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, spondylosis, and lumbar disc herniation with sciatica, is proximately due to his service-connected bilateral iliotibial band syndrome of the knees.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and right lower extremity radiculopathy are being remanded to allow for consideration of an extraschedular rating due to the severity of his symptoms, which have significantly impacted his employment.

The Veteran's current obstructive sleep apnea is aggravated by his service-connected herniated lumbar discs, status post discectomies and lumbar interbody fusion at L4-L5 and L5-S1. The Board finds the medical opinions of record addressing the issue of aggravation stand in equipoise in terms of their probative value.

The Board has granted service connection for a cervical spine disability and a lumbar spine disability, both found to be proximately due to the Veteran's service-connected right shoulder disability.

The Veteran's depressive disorder is related to his service-connected disabilities. His hearing loss and tinnitus are not related to service or any incident therein. The Veteran's left leg being shorter than the right leg is related to a service-connected disability.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and bilateral lower extremity radiculopathy have rendered him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU.

The Veteran's claims for higher initial ratings for his service-connected low back disability and left lower extremity radiculopathy were denied. The effective date for the award of compensation for left lower extremity radiculopathy was not granted prior to August 28, 2014.

The Board has determined that the Veteran's cervical spine disability and radiculopathy of the bilateral upper extremities are etiologically related to his active service.

The Veteran's major depression and left lower extremity radiculopathy are found to be at least as likely as not caused or aggravated by her service-connected lumbar spine disability. The remaining claims for service connection for various orthopedic disabilities, including right knee, cervical spine, hip, and shoulder disabilities, will be remanded for additional development.

The Veteran sustained a left hip disorder following an August 2010 VA hip arthroplasty. The Board found that the disability was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded for additional development, including a new VA examination of his upper extremities and issuance of a statement of the case on his bilateral tinnitus and right wrist disability claims.

The Veteran's right knee nerve damage is found to be related to his military service, and the claim for service connection is granted. The remaining issues are addressed in the REMAND portion of the decision.