Radiculopathy & sciatica decisions — 2016

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a Social Industrial Survey and obtaining records of vocational services discussions.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the evidence demonstrates that he is as likely as not unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities.

The Veteran's claims for service connection and earlier effective date were denied. The Veteran was granted service connection for PTSD with depression, but the effective date of this grant is set at February 14, 2006. The Veteran's claim for an initial rating in excess of 50 percent for PTSD with depression remains pending. His TDIU claim also remains pending.

The Board has granted service connection for right lower extremity sciatica and left lower extremity sciatica as secondary to the Veteran's service-connected low back disorder. The Veteran is also granted an increased rating for his right foot disability.

The Veteran's lumbar spine disability, right and left lower extremity radiculopathy, and right groin pain have been granted increased ratings effective September 4, 2015. The original claim for an increase in his service-connected lumbar spine condition was reopened due to new evidence (right groin pain and sciatica).

The Veteran's cervical spine disability has been rated at 40 percent since June 6, 2013, and separate ratings of 40 percent have been assigned for his right upper extremity radiculopathy and 30 percent for his left upper extremity radiculopathy.,Effective from December 29, 2015, the Veteran's TDIU (Total Disability Rating Based on Individual Unemployability) has been granted.

The Veteran's appeal is being remanded due to the need for additional medical evidence and a new audiological evaluation. The issues of evaluating his bilateral lower extremity radiculopathy and bilateral hearing loss disability are still pending.

The Veteran's right and left carpal tunnel syndromes have been rated as 20 percent disabling, effective October 21, 2011. The cervical spine disability has also been rated as 20 percent disabling.

The Board has remanded the case for further proceedings consistent with a Memorandum Decision from the Court, including referral of the TDIU issue to the VA Under Secretary for Benefits or the VA Director of Compensation and Pension Service under 38 C.F.R. § 4.16(b).

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to July 31, 2014.

The Veteran's right kidney cyst is found to be secondary to his service-connected epididymitis, and thus service connection for the condition is granted.

The Veteran's appeals have been dismissed as he has withdrawn his claims prior to the Board issuing a decision.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine and lower extremity radiculopathy have been rated based on their current manifestations, with no higher initial ratings granted.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of his current disability levels.

The Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment, and the Board finds that he meets the criteria for TDIU.

The Veteran's right lower extremity radiculopathy has been rated at 10 percent since March 20, 2009. The evidence does not support a higher rating as the disability is currently manifested by mild incomplete paralysis of the sciatic nerve.

The Veteran's service-connected bilateral sensorineural hearing loss is found to be the primary cause of his chronic atypical headaches, and thus service connection for such is granted.

The Veteran's appeal has been withdrawn by his representative, and thus the case is dismissed.

The Board finds that the Veteran's service-connected disabilities, including his right sciatic nerve paralysis and other conditions, contributed substantially to his death from an intracranial hemorrhage. As a result, the appeal is granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA records.