Radiculopathy & sciatica decisions — 2016

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, and the criteria for entitlement to TDIU have not been met.

The Veteran's appeal has been withdrawn, and the case is dismissed due to his request for withdrawal.

The Veteran's claims for service connection for tinnitus, left and right lower extremity radiculopathy have been granted. The claim for left lower extremity radiculopathy is also granted as secondary to the service-connected lumbar disc disease.

The Veteran's claim for service connection for radiculopathy of the left lower extremity was granted, and he is now receiving a compensable disability rating. The appeal regarding his left elbow disorder and increased rating for shoulder arthritis has been withdrawn by his attorney.

The Veteran's service-connected disabilities render him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience.

The Veteran's service-connected disabilities prevent him from obtaining substantial gainful employment since April 21, 2010. The Board finds that the criteria for TDIU have been met.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, a new VA examination, and referral to the Director of Compensation Service for consideration of TDIU on an extra-schedular basis.

The Board denied the Veteran's claim for service connection for a back disorder, finding that his current condition did not pre-exist his period of active duty service and was not aggravated by any service-connected conditions.

The Veteran's TDIU claim is granted from October 16, 2006 due to his service-connected disabilities resulting in a combined rating of at least 60 percent.

The Board has granted service connection for a back disorder, and the claims for gynecological disorders and right-sided sciatica are remanded for additional development.

The Veteran's initial claim for a higher rating for low back syndrome was granted, but the appeal is pending on whether a timely notice of disagreement was filed in connection with the September 2013 decision denying a right ankle disability. The TDIU claim remains unresolved.

The Veteran's service-connected disabilities, including lumbar degenerative joint disease and left leg radiculopathy, rendered him unable to obtain and maintain substantially gainful employment from May 3, 2004 (one year prior to the date of receipt of his claim) to October 4, 2012.

The Veteran's service-connected disabilities do not render him unable to obtain or retain substantially gainful employment.

The Board has remanded the case for additional development and consideration, including obtaining VA treatment records from Washington DC VAMC and Fort Belvoir.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The issue of service connection for degenerative disc disease with radiculopathy of the left lower extremity remains pending.

The Board has determined that the Veteran's current back disability, including muscle spasms and right lower extremity radiculopathy, is related to his in-service motor vehicle accident. As such, service connection for these conditions is granted.

The Veteran's claim for service connection for a left knee disability is denied. The Board finds that the evidence does not support a separate and distinct left knee disability from his currently service-connected lumbar spine and lower extremity radiculopathy disabilities.

The Veteran's case is being remanded for further development, including a VA examination to assess his service-connected disabilities and determine if he meets the requirement for aid and attendance or housebound status. The issue of special monthly compensation based on need for aid and attendance or by reason of being housebound will be addressed.

The Board found that the left lower extremity radiculopathy is related to the service-connected low back disability and granted a separate rating of 30 percent for this condition.

The Veteran's service-connected lumbar spondylosis with degenerative changes and right lumbar radiculopathy do not meet the threshold schedular criteria for a finding of total disability based upon individual unemployability (TDIU) due to his service-connected disabilities alone. The Board finds that he is not unemployable due solely to service-connected disabilities, as he retains some functional occupational capacity sufficient to obtain and retain gainful work.