Radiculopathy & sciatica decisions — 2016

The Veteran is unemployable due to service-connected disabilities, and the Board grants a TDIU on an extraschedular basis.

The Board denied higher ratings for the Veteran's bilateral lower extremity radiculopathy and found no clear and unmistakable error in the July 1981 rating decision denying service connection for retinitis pigmentosa.

The Veteran withdrew her appeals for the claims of depressive disorder, bilateral pes planus, hypothyroidism, and a bilateral shin disability during her hearing. The remaining issues are not addressed in this decision.

The Veteran's appeal is being remanded for additional development on the issues of service connection for various conditions, including renal toxicity, vertigo, neurobehavioral effects, chronic athlete's foot, sleep apnea, and bilateral leg radiculopathy. The low back disability claim also requires further examination to assess its current level of severity.

The Veteran's cervical spine disability is found to be secondary to his service-connected lumbar spine disability. The Board granted a higher initial rating for the Veteran's degenerative disc disease of the lumbar spine and left lower extremity radiculopathy, with an effective date prior to December 13, 2010.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, and the Board has granted a TDIU based on this finding.

The Board has remanded the case for additional development, including scheduling a VA examination and readjudicating the appeal.

The Veteran's appeal is being remanded for additional development, including obtaining an opinion on his ability to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional medical records. The issue of entitlement to TDIU will be reconsidered after these actions.

The Veteran's spinal stenosis and left lower extremity radiculopathy have been rated at 10 percent prior to February 2, 2015. Beginning February 2, 2015, the Veteran is entitled to a higher rating of 20 percent for her left lower extremity radiculopathy.,The Veteran's spinal stenosis has not warranted a higher rating at any time during the appeal period.

The Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment consistent with his education and industrial background, meeting the criteria for a TDIU rating.

The Veteran's right lower extremity radiculopathy has been rated at 20 percent since June 1, 2012. The Board denied a higher rating for the period prior to that date.

The Board found that the Veteran's cervical spine disorder, including a herniated disk, was incurred in service and granted service connection. The claim for sciatica was not supported by evidence of current disability or link to service.

The Board has decided to remand the case for further development, including a new VA examination and readjudication of the claim.

The Veteran's claims for increased disability ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's service-connected disabilities, including PTSD, migraine headaches, thoracolumbar spine disability, and other conditions, render her unable to secure or follow substantially gainful employment. The Board grants a TDIU from January 12, 2005.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for left and right lower extremity radiculopathy, but new and material evidence was received to reopen the claim for service connection for a neck/cervical spine disability. The Veteran's current neck disabilities are at least as likely as not related to an injury during his 1996 period of active duty for training.

The Veteran's service-connected ventral incisional hernia was granted as a result of new and material evidence, but his cervical spine and right shoulder disabilities remain denied.

The Veteran's appeal is remanded due to the need for a new VA examination to determine the current severity of his service-connected lumbar strain and radiculopathy. The Veteran also needs to provide any outstanding medical records.