Radiculopathy & sciatica decisions — 2016

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder and bilateral wrist disorder, finding that there is no evidence of such conditions during or since service.

The Board has determined that the Veteran's lumbar spine disability and traumatic brain injury residuals are related to service, granting service connection for these conditions.

The Veteran's degenerative disc disease of the lumbosacral spine with neuroforaminal stenosis and associated sciatica were granted initial ratings, but not in excess of 10 percent prior to May 18, 2009. From May 18, 2009 onwards, he was granted a higher rating for his sciatica.

The Board has determined that the Veteran's cervical spine, bilateral shoulder, and bilateral hand disabilities are related to service. The right arm radiculopathy is also found to be related to a service-connected condition (cervical spine disability).

The Veteran's lumbar spine disability and associated radiculopathies are not shown to preclude him from securing and following substantially gainful employment, but he is entitled to separate compensable ratings for his bilateral lower extremity radiculopathies prior to February 9, 2012.

The Veteran's claim for service connection for radiculopathy of the right upper and lower extremities was denied. The claims for increased ratings for degenerative arthritis of the lumbar spine, cervical spine (prior to September 8, 2015), and cervical spine (from September 8, 2015 onwards) were also denied.

The Veteran's low back disability is rated at 40 percent from June 24, 2011 until July 9, 2015. Effective July 9, 2015, the Veteran is entitled to a rating of 60 percent for his low back disability and a separate 20 percent rating for right lower extremity radiculopathy associated with it.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current neck disability is related to service.

The Veteran's service-connected disabilities (combined rating of 90%) render him incapable of maintaining regular substantially gainful employment.

The Veteran's combined schedular evaluation is 100 percent from November 1, 1995. The Board has granted the Veteran a TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and verifying the exact dates of his National Guard service.

The Veteran's service connection for a depressive disorder is granted. The rating for lumbosacral strain with lumbosacral DDD remains at 20 percent, and the initial rating for radiculopathy of the right lower extremity from February 14, 2011, to July 28, 2013, is granted at 10 percent. The rating for radiculopathy of the right lower extremity since July 29, 2013, is granted at 20 percent.

The Board has remanded the case for further development and consideration of a secondary service connection theory.

The Board has determined that the Veteran's current thoracolumbar spine disorder is not related to service and therefore denied his claim for service connection. The TDIU issue remains pending.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine with right lower extremity radiculopathy is secondary to his service-connected sacral pain with history of chronic coccydynia and fracture of coccyx, and grants this claim.

The Board has granted service connection for a low back disability, chronic coccydynia as secondary to postoperative residuals of pilonidal cystectomy, and right leg radiculopathy (sacroiliac weakness) as secondary to the low back disability and postoperative residuals of pilonidal cystectomy.

The Board has remanded the Veteran's TDIU claim due to inextricably intertwined issues with his Vocational Rehabilitation & Employment benefits under 38 U.S.C. Chapter 31.

The Board has determined that additional development is needed to verify the appellant's complete military service, obtain relevant medical records, and provide a VA examination for his left knee disorder. The case will be returned to the AOJ after these actions are completed.

The Veteran's claims for increased evaluations for his service-connected lumbar degenerative disc disease and bilateral leg sciatica are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.