Radiculopathy & sciatica decisions — 2016

The Board found that the effective dates for the increase in ratings for service-connected right leg radiculopathy and left leg radiculopathy to 20 percent should not be earlier than January 10, 2012.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran withdrew his appeals for the ratings and TDIU claims related to lumbar spine degenerative disc disease, right lower extremity radiculopathy, and TDIU.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling an orthopedic examination.

The Veteran's radiculopathy of the right upper extremity is rated as 50 percent disabling, effective from March 14, 2016.,Service connection for raspy voice with swallowing complications secondary to cervical spine disability was granted and a separate rating assigned.

All issues related to service connection have been granted. The Veteran's cluster headaches are rated at 50% effective October 1, 2010.

The Veteran's appeal is being remanded to consider additional evidence and issue a supplemental statement of the case regarding his claims for increased ratings for bilateral lower extremity radiculopathy and entitlement to TDIU.

An effective date of May 3, 2006 was granted for the Veteran's claims seeking service connection for IVDS, right lower extremity radiculopathy, left lower extremity radiculopathy, and IBS with peptic acid syndrome. The effective dates were determined to be earlier than previously assigned due to a finding of clear and unmistakable error (CUE) in the July 2013 rating decision.

The Veteran's unauthorized emergency room treatment for leg pain was denied as the condition did not meet the criteria of being one that a prudent layperson would expect to be hazardous to health if there was a delay in medical attention.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a spine examination. The claims of increased ratings for bilateral pes planus, lumbar spine strain with facet arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy are also being considered.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right lower extremity radiculopathy disabilities are being remanded for additional development.

The Veteran's sciatica of the left and right lower extremities are rated at 10 percent each, effective from May 25, 2011.

The Board has granted separate compensable ratings of 10 percent for right and left lower extremity radiculopathy associated with the Veteran's lumbar spine disability, effective December 14, 2007.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since February 16, 2013. As such, TDIU is granted for this period.

The Veteran's appeal is denied for all issues except the entitlement to an extended period of a temporary total rating for convalescence status-post total right knee replacement, which has been remanded.

The Board has determined that the Veteran's current right shoulder condition is not related to service and therefore denied his claim for service connection.

The Veteran's service-connected disability led to his discharge, qualifying him for the highest level of Chapter 33 benefits.

The Veteran's claims for higher ratings were denied. The initial rating assigned was appropriate based on the evidence of record.

The Veteran's claim for TDIU was denied as his combined disability rating is not at least 40% and he does not meet the criteria for a TDIU on an extraschedular basis.

The Board has determined that the Veteran's low back disorder with associated symptoms affecting his lower extremities is service-connected, as it likely began during his military service and persists to this day.