Radiculopathy & sciatica decisions — 2016

The Veteran has been unable to secure and follow a substantially gainful occupation due to service-connected disabilities since December 17, 2004. The Board grants TDIU effective from that date.

The Veteran's claims for service connection for herniated disc, L5-S1 (disc disease) and radiculopathy of the right lower extremity are being remanded due to insufficient evidence in the record. The VA examiner did not address all relevant issues and further examination is needed.

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, thus meeting the criteria for TDIU.

The Veteran's claims for increased evaluations of his service-connected muscle tension headaches, neurological complications of the lumbar strain with degenerative disc disease and intervertebral disc disease, radiculopathy of the lower extremities, left knee strain, right knee strain, left knee strain with degenerative arthritis, and right knee strain with degenerative arthritis have all been denied. The Veteran is currently receiving the maximum schedular evaluation for his muscle tension headaches.

The Board has granted the Veteran's claims for effective dates of May 12, 2005, but no earlier, for the award of service connection for radiculopathy of the right and left upper extremities, associated with degenerative disc disease and degenerative joint disease of the cervical spine.

The Veteran's lumbar spine disability was granted a higher rating of 20 percent effective May 21, 2010. The left lower extremity radiculopathy and right ear hearing loss were both rated at the minimum compensable level.

The Veteran's service-connected lumbar spine disability has rendered him unable to secure or maintain substantially gainful employment consistent with his education and work history.

The Veteran's claims for increased ratings for low back disorder and left lower extremity radiculopathy are being remanded due to the need to obtain additional medical records.

The Board has granted a 20 percent rating for the Veteran's low back disability effective from October 21, 2014. The decision also addressed other issues including TDIU and radiculopathy ratings.

The Board has remanded the case due to incomplete records and need for further examination.

The Veteran's appeal was denied for increased ratings for various conditions, including diabetic retinopathy and peripheral neuropathy. The claims were not granted.

The Veteran's acquired psychiatric disorder, including anxiety and depression, is found to be service-connected. Sciatica of the bilateral lower extremities has not been established as a separate condition.

The Veteran's degenerative disc disease and herniated disc of the lumbar spine, along with associated radiculitis and sciatica of both legs, are rated at 40% since February 8, 2006. The claim is granted.

The Board has determined that the Veteran's radiculopathy of the bilateral lower extremities was manifested by moderate neuralgia of the sciatic nerve as of November 15, 2012. Effective from this date, separate 20 percent ratings for radiculopathy of the right and left lower extremities are granted.

The Veteran's claim is being remanded due to the need for additional evidence regarding his compensation benefits withheld in 2014. The Board will review and adjudicate this claim again after receiving any supporting evidence from the Veteran.

The Veteran's radiculopathy of the right upper extremity is granted as secondary to his service-connected cervical spine disability. The plantar fasciitis of both feet are denied.

The Veteran's right and left lower extremity radiculopathy have been rated at the minimum disability ratings for mild incomplete paralysis of the sciatic nerve. The evidence does not support a finding that either condition warrants a higher rating.

The Board dismissed the appeal as the issues have already been decided by a previous decision and are not before the Board at this time.

The Board denied the Veteran's claims for service connection for a low back disability, sciatic nerve disability, and an acquired psychiatric disability (depression and/or anxiety) as secondary to his low back disability. The decision found that there was no nexus between the current disabilities and service.

The Veteran's claim for service connection for bilateral upper extremity peripheral neuropathy is granted as it is caused by his service-connected diabetes mellitus.