Radiculopathy & sciatica decisions — 2015

The Veteran's low back disability and associated radiculopathies have been granted service connection, with a 10 percent rating for each condition.

The Board found that the Veteran's lumbar spine disorder is not directly related to his military service and denied the claim for direct service connection. The issue of secondary service-connection is being remanded.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issue of service connection for bilateral lower extremity radiculopathy, claimed as a leg condition, remains under review.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as his combined rating is 80 percent. The Board finds that the preponderance of evidence does not support a finding of unemployability solely due to these conditions.

The Veteran's claims for increased ratings and an effective date prior to May 27, 2011 were denied as it was not factually ascertainable that the Veteran's disabilities had increased within one year of his claim.,VA received notification of the Veteran's Social Security Administration (SSA) award in June 2011. The SSA decision did not consider all service-connected disabilities, and thus, VA determined that an effective date prior to May 27, 2011 for TDIU was granted.

The Veteran's claim for a higher initial rating for lumbar spine degenerative joint disease has been granted, with the effective date being August 1, 2010. The issue of an initial compensable rating for service-connected hemorrhoids is also addressed and resolved in favor of the Veteran.

The Board denied the Veteran's claims for higher ratings for radiculopathy of the left lower extremity associated with ddd of the low back, finding that his symptoms did not warrant a rating higher than 10 percent.

The Board has determined that service connection for radiculopathy of the left lower extremity is granted, as it is related to the Veteran's service-connected thoracolumbar spine disability.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the schedular requirement for TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation file and Social Security Administration records. The issue of two separate compensable ratings for bilateral radiculopathy from the service-connected degenerative disc disease of the lumbar spine has also been raised and must be addressed first.

The Veteran's lumbar spine disability is rated at 40 percent prior to October 15, 2009. From that date onwards, the rating for radiculopathy of both lower extremities is 20 percent.

The Board finds that the Veteran's service-connected disabilities do not preclude her from obtaining and maintaining substantially gainful employment, as they are rated at a combined 60 percent.

The Board found that the appellant's additional disabilities, including cervical spine radiculopathy and psychiatric disorders, were not caused by VA carelessness or negligence. The surgeries performed did not result in these conditions.

The Veteran's claims for increased ratings for bilateral hearing loss, low back disability, right leg radiculopathy, and left leg radiculopathy were denied. The Board found that the evidence did not support a higher rating under applicable diagnostic codes.

The Veteran does not have a diagnosed leg disability, and the Board finds that his hip, knee, and ankle disabilities are not related to military service.

The Veteran's service-connected disabilities (rated at a combined 90%) are shown to render him incapable of maintaining regular substantially gainful employment.

The Veteran's service-connected lumbar spine disability did not result in forward flexion of the thoracolumbar spine limited to 30 degrees or less, and intervertebral disc syndrome was not diagnosed. The Veteran is not currently diagnosed with radiculopathy of either the right or left lower extremity.,The Veteran's service-connected lumbar spine disability did not result in forward flexion of the thoracolumbar spine limited to 30 degrees or less, and intervertebral disc syndrome was not diagnosed. The Veteran is not currently diagnosed with radiculopathy of either the right or left lower extremity.,The Veteran's service-connected lumbar spine disability did not result in forward flexion of the thoracolumbar spine limited to 30 degrees or less, and intervertebral disc syndrome was not diagnosed. The Veteran is not currently diagnosed with radiculopathy of either the right or left lower extremity.

The Veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for an increased rating for his service-connected right lower extremity radiculopathy associated with a service-connected lumbar spine disability is being remanded for additional development.

The Veteran's service-connected lumbar spine disability did not result in residuals of vertebral fracture or unfavorable ankylosis of the entire spine since September 23, 2002. Therefore, his claim for a higher rating was denied.