Radiculopathy & sciatica decisions — 2016

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbar spine disability and associated radiculopathy. The initial ratings assigned for these conditions remain under review.

The Veteran's claims for increased evaluations for his service-connected lumbar stenosis and associated left sensorimotor radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Board found that the reductions in ratings for Degenerative Joint Disease (DJD) of the lumbosacral spine, Sciatica associated with the lumbar spine disability, and Umbilical hernia were improper due to the RO's failure to properly apply procedural safeguards. The Veteran was not given an opportunity to present additional evidence or request a hearing before the reduction in ratings took effect.

The Veteran's TDIU claim is being remanded due to the need for additional information regarding his employment history and a VA medical opinion evaluating the impact of his service-connected disabilities on his ability to work.

The Veteran's appeal is denied as he does not have a right ear hearing loss disability for VA purposes. The claims of entitlement to service connection for right leg sciatica, left leg sciatica, and lumbar disc disease with post-operative residuals are also denied.

The Board denied a disability rating in excess of 20 percent for the Veteran's degenerative disc disease of the cervical spine, finding that his impairment was analogous to forward flexion greater than 15 degrees without spinal ankylosis or prescribed bed rest.

The Veteran withdrew his appeal for increased ratings for ankylosing spondylitis of the thoracolumbar spine and right lower extremity radiculopathy.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, and the Board finds in his favor based on the evidence of record.

The Veteran's service-connected disabilities, including his back and leg pain, have prevented him from obtaining and maintaining substantially gainful employment since September 9, 2013.

The Board finds that the Veteran's right shoulder pain is not a separate disability, but rather secondary to her service-connected cervical spine degenerative disc disease and right upper extremity radiculopathy.

The Veteran's service connection claims for various conditions were granted, with specific evaluations assigned. The lumbar spine condition was initially evaluated as not meeting the criteria for a higher evaluation prior to February 17, 2011 and from August 16, 2011 onwards. For cervical spine disability, initial compensable evaluation was denied prior to August 16, 2011 but granted at 20 percent thereafter. The left shoulder condition received a compensable evaluation starting from August 16, 2011. Right knee and benign prostatic hypertrophy conditions were initially evaluated as non-compensable. Right-side sciatica was evaluated as moderately severe since January 27, 2015. Hemorrhoids did not meet the criteria for a compensable evaluation.

The Veteran's appeal is remanded due to a scheduling issue for a videoconference hearing. The primary issue remains the evaluation of his service-connected degenerative disc disease of the lumbar spine.

The Veteran withdrew the issue of entitlement to an initial rating in excess of 10 percent for tinnitus from appellate consideration.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment prior to November 3, 2010. The claims for service connection for glaucoma and an initial rating in excess of 50 percent for PTSD prior to March 7, 2011, and a rating in excess of 70 percent thereafter have been withdrawn.

The Veteran's service-connected disabilities, including degenerative disc disease and degenerative joint disease of the lumbar spine, voiding dysfunction, constipation, and left lower extremity radiculopathy, have resulted in a combined evaluation of at least 70 percent since January 21, 2010. The Board has granted TDIU effective from that date.

The Board has remanded the case for further development, including providing a new VA examination to assess the severity of the bilateral lower extremity radiculopathy and readjudicating both issues upon completion of the requested development. The issue of TDIU is inextricably intertwined with the disability rating of the bilateral lower extremity radiculopathy.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling a VA examination. The appeal will be returned to the Board after these actions are completed.

The Veteran's claim is being remanded due to the need for additional information from Social Security Administration (SSA) records.

The Board denied the Veteran's claims for service connection for heart disability, peripheral neuropathy of the lower extremities, and radiculopathy of the lower extremities due to Agent Orange exposure. The evidence did not establish a link between these conditions and his military service.

The Veteran's appeal has been withdrawn by his attorney prior to the Board's decision.