Radiculopathy & sciatica decisions — 2016

The Board has granted a 40 percent rating for the Veteran's low back disability, effective March 29, 2006. For bilateral lower extremity radiculopathy prior to May 27, 2009, the Veteran is rated at 10 percent each leg; from May 27, 2009, he is rated at 20 percent each leg.

The Veteran's intervertebral disc syndrome and right lower extremity radiculopathy have not met the criteria for a higher rating, with no evidence of ankylosis or incapacitating episodes as required for a higher rating.

The Board has granted service connection for intervertebral disc syndrome of the thoracolumbar spine with radiculopathy of the bilateral lower extremities, finding that the Veteran's current low back disorder is related to his military service.

The Board has remanded the case for a VA examination to determine if the Veteran's service-connected disabilities preclude him from engaging in any type of gainful employment, with physical or sedentary work. The case is also referred to the Director for extra-schedular consideration on the issue of entitlement to TDIU.

The Veteran's claims for service connection are being remanded due to the need for further development regarding his exposure to environmental toxins and herbicides during service.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities prior to September 18, 2012 was denied. The RO granted the claim from September 18, 2012.

The Veteran's low back disability was rated at 20 percent since May 28, 2014. The claim for higher ratings prior to that date and for sciatica were denied.

The Board has determined that the Veteran's back disability and bilateral lower extremity radiculopathy are secondary to his service-connected right knee disability. The claims for increased rating of right knee disability and TDIU have been remanded.

The Board found that the Veteran's current neck disorder and radiculopathy in upper extremities are not related to his period of service, including an injury during service. The claims for service connection were denied.

The Veteran's appeal is being remanded for additional development, including a VA psychiatric and spine examination. The issues of service connection for PTSD and an increased rating for back disability are pending.

The Board has granted service connection for left ear hearing loss. The Veteran's foot and knee disabilities, as well as his lumbar spine disability, are not currently addressed in this decision.

The Board denied the Veteran's claims for higher initial ratings for right and left lower extremity sciatica on a schedular and extra-schedular basis, finding that his service-connected disabilities did not result in symptoms not contemplated by the applicable rating criteria.

The Board has remanded the case for additional development, including a VA examination and referral to the Director of Compensation Service for extraschedular TDIU consideration.

The Veteran's appeal involves multiple service-connected disabilities, including a lumbar spine disability and left knee disability. The issues include seeking increased ratings for these conditions as well as TDIU.

The Veteran withdrew his appeals for higher initial ratings in all three issues related to his service-connected conditions.

The Board has determined that the Veteran's right hip disorder is not related to his service or a service-connected condition, and thus denied his claim for service connection.

The Veteran's service-connected conditions do not meet the percentage requirements for a TDIU rating, and he is unable to secure or follow substantially gainful employment due to his disabilities.

The Veteran's tension headaches are rated at 50 percent since October 15, 2015. His TDIU claim is granted as his service-connected disabilities effectively preclude all forms of substantially gainful employment from July 2, 2015.

The Board has granted an effective date of October 13, 2004 for the service connection of major depressive disorder with associated irritability and tension as secondary to thoracolumbar disc and joint disease. The effective date for left lower extremity radiculopathy is set at August 20, 2010.

The Veteran has withdrawn his appeals regarding the issues of a rating in excess of 10 percent for bilateral foot condition, an initial rating in excess of 10 percent for left lower extremity myeralgia paresthetica, and service connection for a left hip condition.