Radiculopathy & sciatica decisions — 2017

The Veteran's right and left lower extremity radiculopathy were granted initial 20% ratings effective December 5, 2013.

The Veteran's disability rating for prostate cancer residuals was reduced from 100% to 60%, effective March 1, 2010. The reduction was proper as the evidence showed no recurrence of prostate cancer and the Veteran was not undergoing treatment.,SMC based on housebound status was restored effective March 1, 2010, due to the Veteran's service-connected bowel incontinence precluding him from maintaining gainful employment.

The Board has remanded the case due to the Veteran's failure to report for a scheduled VA examination. The appeal is now before the Board.

The Veteran's combined schedular disability rating was 100 percent, and he is contending that he is unemployable due to a combination of these same service-connected disabilities. The criteria for the assignment of a TDIU are not met.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran meets the schedular requirements for a total disability evaluation based on individual unemployability since October 15, 2014 due to his service-connected conditions. The Board has granted this claim effective from that date.

The Veteran's neuropathy of left sciatic nerve is most nearly approximated by moderate incomplete paralysis, warranting a 20 percent rating prior to April 13, 2017 and in excess of 20 percent thereafter.

The Veteran's appeal has been withdrawn due to a request for withdrawal prior to the Board's decision.

The Veteran withdrew his appeal for the issues of service connection for numbness, radiculopathy, and/or neuropathy in both legs; and higher disability ratings for lumbar myositis, ulcerative colitis, and allergic rhinitis.

The Veteran's sciatica and acquired psychiatric disorder (claimed as PTSD) were not found to be related to his service. The Board denied the claims for these conditions.

The Veteran's low back disability was granted a 40 percent rating effective July 27, 2015. His left lower extremity radiculopathy and right knee instability were also granted ratings of 20 percent each effective the same date.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since August 28, 2014. A TDIU rating is granted from that date.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for an effective date prior to September 1, 2006 for entitlement to a total disability rating based on individual unemployability (TDIU) has been granted. The effective date is set at March 6, 2006.

The Veteran's appeal is remanded for additional development to determine the current nature and severity of his service-connected low back disability, as well as any radiculopathy in his right lower extremity. The Veteran's claim of increased rating for radiculopathy of the left lower extremity will also be addressed.

The Veteran's service connection claim for left upper extremity radiculopathy as secondary to his service-connected cervical spine disability is granted. The Veteran also has a finding of service connection for the cervical spine disability, but with an initial rating issue and a headaches issue remaining.

The Veteran's appeal was denied for service connection of a heart condition and for increased ratings for degenerative joint disease of the lumbar spine, right leg sciatica, and left knee patellofemoral syndrome. The appeals were not granted.

The Board has granted service connection for degenerative disc disease of the lumbosacral spine and chondromalacia of the right knee, but denied service connection for prostatitis, sciatica, and right ear hearing loss. The Veteran's lumbar spine disability is currently rated as noncompensable.

The Veteran's appeal is being remanded for additional development to determine the impact of his service-connected disabilities on his ability to secure or follow a substantially gainful occupation.

The Board has granted a disability rating of 20 percent for the Veteran's left lower extremity radiculopathy, effective from the date of the grant of service connection in July 2013.