Radiculopathy & sciatica decisions — 2016

The Veteran's appeal has been withdrawn and the case is dismissed as there are no remaining issues for appellate review.

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

The Veteran's claim for an increased rating for left lower extremity radiculopathy associated with lumbar spondylosis is being remanded due to outstanding VA and SSA records, as well as the need for further medical examination.

The Veteran's appeal is denied as the evidence does not support an evaluation in excess of 40 percent for lumbar spine disability.

The Board has granted service connection for bilateral testicular epididymitis and found that the Veteran's current condition is related to his active military service. The remaining issues on appeal will be addressed in a separate remand.

The Veteran's lumbar spine disability and right lower extremity sciatica are currently rated at the lowest possible rating of 10 percent, which is not sufficient to reflect the severity of his symptoms. Service connection for depression was denied, and entitlement to a TDIU rating remains in dispute.

The Veteran's service-connected disabilities, including PTSD and multiple spine conditions, have rendered him unable to secure or follow substantially gainful employment.

The Board granted a 40 percent evaluation for the low back disability since May 12, 2014. The Veteran was also granted TDIU effective June 15, 2012.

The Board finds that the Veteran's left leg radiculopathy has manifested as subjective complaints of pain, intermittent diminished or lost reflexes and intermittent sensory disturbances without muscle atrophy for the entire appeal period. The criteria for a 20 percent rating have been met.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The issues of radiculopathy of the left and right lower extremities remain before the Board.

The Veteran's erectile dysfunction is at least as likely as not due to his service-connected diabetes mellitus, type II. The Board finds that the Veteran has current diagnoses of sciatica of the right and left lower extremities, a left elbow disability, and right and left knee disabilities related to his active service.

The Veteran's lumbar spine degenerative disc disease, right and left lower extremity radiculopathy have been granted initial disability ratings of 40 percent effective December 26, 2013.

The Board has remanded the case for additional development, including obtaining a VA examination and reviewing existing medical records. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's radiculopathy of the right upper extremity has been rated at 20 percent since April 20, 2006. From July 20, 2015, his condition is rated as 20 percent disabling.

The Veteran's claims for service connection were denied as there was no evidence of in-service events or conditions that could be linked to his current disabilities. His hearing loss is not compensable, and he does not have a diagnosed psychiatric disorder, degenerative joint disease, radiculopathy, or peripheral neuropathy.

The Veteran's cervical spine disability, diagnosed as status post cervical spine fusion C3 to C6 with radiculopathy, is etiologically related to the spine injury he sustained during service.,The Veteran's low back disability (claimed as osteoarthritis and degenerative disc disease) is not permanently aggravated by his service-connected anterior compression fractures of T12 and L1.

The Board has remanded the case for further development, including scheduling a VA examination and issuing an SOC regarding attorney fees. The Veteran's right hand nerve impairment and cervical radiculopathy will be evaluated to determine their relationship to service.

The Veteran's service-connected cervical spine disability resulted in a temporary total disability rating for convalescence from January 9, 2002 to April 4, 2002. The Veteran is not precluded from substantially gainful employment due to his service-connected disabilities.

The Veteran's claim for a higher rating for his back disability was denied. His TDIU claim is pending and will be considered once the VA determines whether he is unemployable due to service-connected disabilities.

The case is being remanded for further development, including scheduling a C&P examination and sending TDIU questionnaires to the Veteran. The appeal will be reconsidered after all necessary actions are completed.