Radiculopathy & sciatica decisions — 2015

The Board denied a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, but granted separate ratings for radiculopathy of the right and left lower extremities.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, and thus grants a TDIU rating on an extraschedular basis.

The Veteran's appeal is being remanded for scheduling an in-person hearing before a local hearing official at the Indianapolis, Indiana Regional Office.

The Veteran is found to be unemployable due to service-connected disabilities beginning April 26, 2013. The TDIU claim prior to this date is referred for extraschedular consideration.

The Veteran's claim for nonservice-connected pension benefits was denied as his service did not meet the threshold requirements. The Board also found that he should be afforded a VA examination to determine the etiology of any currently diagnosed acquired psychiatric disorder, including PTSD.

The Veteran's radiculopathy of the right lower extremity and left lower extremity have been granted effective from November 24, 2010.,An initial evaluation in excess of 20 percent for radiculopathy of the right lower extremity has been granted effective from March 5, 2009.

The Board has remanded the case for additional development, including obtaining SSA records and a VA examination. The Veteran's claims of service connection for cardiomyopathy and an increased rating for thoracolumbar spine disability are also being considered.

The Veteran's low back disability, left and right sciatic nerve impairments have been rated at 10 percent since August 22, 2014. The appeal for higher ratings is denied.

The Veteran's low back disability is rated at 40 percent, and he is granted a separate 10 percent rating for radiculopathy of the left lower extremity. The Board denied his TDIU claim as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board found no evidence to support a finding that the Veteran's current low back disability had its onset in service or is otherwise related to active duty, including his claimed in-service back injury.

The Veteran's right and left lower extremity radiculopathy have been rated at 20 percent since October 18, 2014. The initial evaluations for the period from May 4, 2010 to June 14, 2013 were denied.

The Veteran's right and left lower extremity radiculopathy are currently rated at 20 percent each, while his major depressive disorder is rated at 50 percent. The effective dates for the grants of service connection for both conditions remain May 29, 2012.

The Board has remanded the case for further development due to insufficient evidence and a need for an additional VA examination.

The Veteran's claims for increased ratings and service connection are denied.,The reduction in the evaluation for residuals of an avulsion fracture of the right ankle resulting in bone spurs and hammertoes from a 20 percent rating to a 10 percent rating, effective March 25, 2011, is found to be improper.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, which corresponds to mild incomplete paralysis. The evidence does not support a higher rating.

The Board finds that the Veteran's low back disability is as likely as not aggravated by service and grants service connection for a low back disability.

The Veteran's claims of service connection for depression, left lower extremity radiculopathy, and compression fracture of L1 vertebral body were not filed within one year of separation from active service. The effective dates are being denied as the earliest date on which a claim was received is October 1, 2009.,The Veteran's claims for an earlier effective date for his service connection for compression fracture of L1 vertebral body and left lower extremity radiculopathy were not filed within one year of separation from active service. The effective dates are being denied as the earliest date on which a claim was received is May 19, 2008.

The Board has determined that additional development is necessary to determine the nature and etiology of the appellant's claimed conditions, including whether they are related to his service in August 1976. The case will be remanded for further action.

The Veteran's lumbar disc disease, post-fusion L4-S1 was granted a 40 percent rating effective July 15, 2015. Service connection for degenerative disc disease C5-C6 and C7 with localized spinal stenosis and radiculopathy was established.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records. The issue of an increased rating for radiculopathy, left lower extremity, will be addressed in a statement of the case.