Radiculopathy & sciatica decisions — 2016

The Board denied the Veteran's claims for service connection for a low back disability, diabetes (to include as due to Agent Orange exposure), and a sciatic nerve disability. The evidence did not support current diagnoses of these conditions.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain gainful employment consistent with his education, training, and work experience.

The Board has granted service connection for residuals of a broken rib, headaches, left upper extremity radiculopathy, and bilateral knee disabilities. The initial ratings for these conditions are being remanded.

The Board has decided to remand the case for additional development, including obtaining an adequate VA medical opinion regarding the etiology of the Veteran's low back disability and considering his contentions about an altered gait.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA examinations to assess the impact of his service-connected disabilities on his employability. The RO will also consider whether he has submitted a completed VA Form 21-8940 and address any related issues.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim prior to September 18, 2006 and no factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA medical records and a VA examination to assess the severity of his service-connected left sciatic nerve palsy. The issue of entitlement to TDIU has also been raised by the record.

The Board has remanded this case for additional development, including a VA examination to determine if the Veteran's stroke residuals are aggravated by his service-connected low back disability.

The Veteran's disability ratings for radiculopathy of the right and left lower extremities were increased to 40 percent and 20 percent, respectively, effective from July 31, 2012, and November 30, 2012.

The Veteran's claim for a TDIU prior to December 31, 2009 was denied as his service-connected disabilities did not preclude substantially gainful employment.

The Veteran's appeal is being remanded for further development, including obtaining a new VA examination and considering the issue of total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's initial ratings for his service-connected disabilities have been granted, with the left knee disability rated at 10 percent and both right ankle and sciatica disabilities also rated at 10 percent.

The Veteran's combined disability rating is 90 percent, with service-connected disabilities that do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his occupational experience and educational background.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal prior to a decision being made.

The Board has determined that the Veteran does not have PTSD related to his military service and therefore, denied the claim for service connection for PTSD. The issue of right lower extremity radiculopathy is also denied as it was found to be less likely than not caused or aggravated by the service-connected lumbar myositis.

The Veteran has been granted service connection for cervical radiculopathy, hiatal hernia, and monoclonal gammopathy of undetermined significance (MGUS).,Service connection is also granted for sleep apnea as the condition had its onset within one year of separation from service.,For all conditions, the decision is based on direct service connection.

The Board has denied the Veteran's claims for service connection for stomach and eye problems, as they are not related to his service or a service-connected disability. The other issues on appeal have been addressed but no rating assigned.

The Board finds that the Veteran's service-connected disabilities, specifically his lumbar DDD and left lower extremity radiculopathy, precluded him from obtaining and maintaining substantially gainful employment prior to December 18, 2009. Therefore, IU for this period is granted effective August 28, 2008.

The Veteran's appeal is being remanded for additional development of her service-connected low back and right leg radiculopathy disabilities, including a new VA examination to determine the current severity of her lumbar spine disability.