Radiculopathy & sciatica decisions — 2016

The Board found that the Veteran's current right leg disabilities are not related to his service and denied his claim for service connection.

The Veteran's service-connected PTSD has been productive of occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability rating. The cervical spine disability is related to service but the exact nature of its connection remains unclear.

The Veteran's claim for a TDIU was granted effective August 13, 2010, due to his service-connected low back disability and radiculopathy preventing him from engaging in any type of physical employment.

The Veteran's claim for increased ratings for her chronic lumbar strain disability was denied. The effective date of the granted rating is August 15, 2013.

The Veteran's appeal for a combined rating in excess of 20 percent for his right knee disability has been withdrawn. The case is being remanded to determine if the Veteran was unemployable due to service-connected disabilities prior to November 2009.

The Veteran was rendered unemployable as of May 21, 2013, solely due to his multiple service-connected disabilities and this has continued unabated since that point in time.

The Veteran's claim for a higher initial rating for mechanical low back strain with multilevel degenerative spondylosis is granted, while her claims for increased ratings for radiculopathy of the lower extremities remain denied.

The Board has granted a TDIU effective February 2, 2009. The Veteran's service-connected disabilities have resulted in unemployability since that date.

The Veteran's lumbar spine disability and associated lower extremity radiculopathies are currently rated 40 percent and 20 percent, respectively. The Board finds that these ratings are not higher than warranted based on the evidence of record.

The Veteran's service-connected lumbar disability and left lower extremity radiculopathy are currently rated at 20 percent and 10 percent, respectively. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's appeal is being remanded due to the need for a video conference hearing. His claim for an increased disability rating for his service-connected lumbar spine disc herniation remains pending.

The Board has determined that the Veteran's lumbosacral degenerative disc disease warrants a rating of 60 percent, effective from October 28, 2013. The separate ratings for right lower extremity radiculopathy (40 percent), left lower extremity sciatic nerve involvement (20 percent), bladder incontinence (60 percent), and bowel incontinence (30 percent) are also granted.

The Board has found that the Veteran's lumbar arthritis is presumed to have been incurred in service, and thus granted service connection for this condition.

The Board has determined that the Veteran's low back disability and right lower extremity radiculopathy are not eligible for extraschedular consideration as their symptoms are adequately captured by the existing schedular ratings.

The Veteran's left upper extremity radiculopathy is manifested by mild numbness in the thumb, middle and ring fingers. The Board finds that his symptoms are for the most part sensory and do not meet or approximate the criteria for a rating in excess of 10 percent.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, resulting in a grant of TDIU.

The Veteran's claim for a higher rating for her back disability was denied. She is currently rated at 20% for right lower extremity radiculopathy, effective June 25, 2009.,Her claim for increased ratings for both conditions has been partially granted with the right lower extremity radiculopathy receiving a rating of 20%, effective June 25, 2009.

The Veteran was working full-time as a drug task force police officer from January 2005 to May 21, 2011. The Board finds that the service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment during this period.

The Veteran's service-connected disabilities, including depressive disorder and degenerative joint disease of the spine and shoulders, effectively preclude her from securing and following substantially gainful employment consistent with her educational and work background.