Radiculopathy & sciatica decisions — 2016

The Veteran's current tinnitus had its onset within a year of separation from service, and the Board finds that it is service-connected. The neck disability claim will be remanded for additional development.

The Board has remanded the case for additional development due to new evidence received since the last Supplemental Statement of the Case.

The Veteran's initial claim of a higher rating for his lumbar spine disability was granted, with an effective date of May 29, 2006. The Board remanded the case multiple times and in August 2013, he was assigned a 40 percent rating for his service-connected lumbar spine disability since January 14, 2013.

The Veteran's nerve radiculopathy of the right arm associated with degenerative joint disease of the cervical spine was initially rated as 10 percent disabling prior to July 1, 2009. From September 19, 2012 to January 25, 2016, it was rated as 20 percent disabling. Since then, a higher rating has not been granted.

The Veteran's service-connected disabilities do not cause him to be unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities meet the schedular percentage requirements for TDIU and also demonstrate that he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions, warranting a grant of TDIU.

The Veteran's service-connected right and left knee disabilities, as well as his back disability, have been granted a 100 percent evaluation based on the total left knee replacement effective April 19, 2016. The remaining issues remain on appeal.

The Veteran's migraine headaches are rated at a maximum of 50 percent since January 22, 2009. The effective date for the award of TDIU is set to July 20, 2009.

The Veteran's diagnosed pseudosciatica of the left lower extremity is caused by a service-connected low back disability, and the Board has granted service connection for this condition.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination and addressing the issues of service connection and TDIU.

The Veteran's radiculopathy of the left and right lower extremities are rated at least moderately severe, warranting a TDIU for the period since April 6, 2015.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the Veteran's cervical spine disorder and radiculopathy. The case will be returned for further adjudication.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for residuals of a low back injury, thoracic spine disorder, cervical spine disorder, and right foot disorder.

The Veteran is granted a TDIU as of August 11, 2015 due to his service-connected disabilities. The case is also remanded for consideration of an extraschedular TDIU prior to August 11, 2015 and issuance of a SOC regarding the issue of entitlement to a TTE based on a service-connected disability requiring a period of convalescence following February 2016 surgery.

The Board denied the Veteran's claims for earlier effective dates and service connection, finding that the earliest possible effective dates were September 12, 2011 (PTSD), December 12, 2008 (headaches), and October 13, 2009 (left trapezius muscle strain).

The Veteran's claim for service connection for a spine condition, including lumbar and thoracic conditions, is being remanded due to the need for additional development of his medical records and an opinion regarding the etiology of his current spine conditions.

The Veteran's carpal tunnel syndrome of the right hand is rated at 30 percent, effective from the date of the decision. The issues regarding plantar fasciitis and sciatica have been resolved with appropriate ratings.

The Board has remanded the case for further development, including a VA examination to assess the Veteran's employability due to his service-connected disabilities. The claim will be readjudicated based on this additional evidence.

The Board has found the issue of entitlement to a TDIU had been reasonably raised by the record and should be adjudicated as part of the claim on appeal. The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but based on the evidence of record, the Board concludes that the facts of this case meet the criteria for submission to VA's Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis.

The Board denied the Veteran's claims for increased ratings for his low back disability and radiculopathy of the left lower extremity, finding that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.