Radiculopathy & sciatica decisions — 2017

The Veteran's claims for left foot disability, right foot disability, and right leg disability were dismissed. The Board granted service connection for left knee strain and degenerative joint disease, as well as lumbar degenerative disk disease and bilateral lower extremity radiculopathy.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because his sciatic nerve damage with foot drop was not caused by VA's carelessness, negligence, or similar instance of fault.

The Veteran's appeals for increased ratings for his thoracolumbar spine and sciatic nerve disabilities have been withdrawn.

The Veteran's thoracolumbar spine disability was rated at 20% prior to September 18, 2014 and at 40% from September 18, 2014 to June 22, 2015. Effective September 1, 2015, the Veteran's thoracolumbar spine disability was rated at 40%. Right lower extremity radiculopathy was separately rated at 10%.

The Veteran's claims for increased ratings and earlier effective date were denied as the evidence did not support a higher rating or an earlier effective date prior to November 18, 2014.,The Board found that the Veteran's radiculopathy was rated appropriately at 10 percent since November 18, 2014.

The Veteran's service-connected disabilities, specifically his lumbar spine and bilateral lower extremities conditions, render him unemployable. The Board grants a TDIU based on the severity of these conditions.

The Veteran's service-connected conditions, including varicose veins, chronic low back syndrome, bilateral lower extremity radiculopathy, hypertension, and chronic kidney disease, are of sufficient severity to preclude all forms of substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability are met.

The Veteran's claims for increased evaluations for his lumbar spine, right lower extremity radiculopathy, and right foot plantar fasciitis have been denied. The current ratings of 20 percent for each condition are deemed adequate.

The Veteran's appeal involves a claim for increased ratings for his service-connected lumbosacral strain with degenerative joint and disc disease of the lumbosacral spine, L2-3, L3-4, L4-5, and L5-S1, and mild degenerative sacroiliac joints. The appeal is remanded to obtain additional medical examinations and opinions regarding his associated neurological symptoms.

The Veteran's previous occupation as a chiropractor is unsuitable due to his service-connected knee, back, and hip disabilities. The Board finds that additional vocational rehabilitation training under Chapter 31 of Title 38 is warranted.

The Veteran's left knee disability, resulting from a motorcycle accident in service and eventually requiring total knee replacement surgery, is found to be related to his active duty service. The Board grants service connection for this condition.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's sciatica is related to his service-connected degenerative disc disease of the lumbar spine at L4-5 and L5-S1, and thus grants service connection for this condition.

The Board found that the Veteran's low back disability and associated radiculopathy, as well as his glaucoma, are not service-connected.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's left upper extremity radiculopathy.

The Veteran's service-connected disabilities, including PTSD, radiculopathy of the left upper extremity, and residuals of a neck injury, have prevented him from securing and following substantially gainful employment since May 10, 1999.

The Veteran is currently assigned a 20 percent rating for his lumbar spine disability and a 20 percent rating for his left lower extremity radiculopathy, effective May 31, 2017.,From March 23, 2012, to prior to May 31, 2017, the Veteran is entitled to a 20 percent rating for his lumbar spine disability and a 10 percent rating for his left lower extremity radiculopathy. After May 31, 2017, both conditions are rated at 20 percent.

The Board has granted service connection for radiculopathy of the left lower extremity, finding that it is proximately due to the Veteran's service-connected lumbar spine disability.

The Board has granted the Veteran's claims for service connection for low back disability and left lower extremity radiculopathy, finding that there is doubt in favor of the Veteran's assertions regarding his injuries during service.

The Veteran's appeal of his claim for an increased evaluation for his service-connected lumbar spondylolisthesis has been withdrawn.