Radiculopathy & sciatica decisions — 2017

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his lumbar spine and associated radiculopathy disabilities, a vocational assessment regarding his employment prospects due to service-connected disabilities, and an aid and attendance examination to determine if he requires regular assistance from another person.

The Veteran's appeal for TDIU has been remanded due to the need for additional development, including a VA examination and consideration of new evidence. The case will be returned to the AOJ for readjudication.

The Veteran's service-connected disabilities did not preclude her from obtaining or maintaining substantially gainful employment prior to December 16, 2013.

The Board has remanded the case for clarification regarding records requested from the Army National Guard. The Veteran's claim for service connection for a cervical spine disability and radiculopathy of the left upper extremity, to include as secondary to a cervical spine disability, will be readjudicated after obtaining any necessary information.

The Veteran's service-connected disabilities did not preclude him from obtaining or retaining substantially gainful employment prior to October 6, 2014.

The Veteran's PTSD warrants a 70 percent disability rating, effective from the date of claim. The Veteran's radiculopathy of the right lower extremity warrants a 30 percent disability rating, effective from the date of claim.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for bilateral hearing loss, left knee disability, right knee disability, and low back disability. The claim for L4-S1 radiculopathy of the left lower extremity with muscle atrophy is granted.

The Veteran's left lower extremity radiculopathy was rated at 10 percent prior to December 14, 2006 and 40 percent from that date. The left lower leg and foot crush injury residuals were initially rated at 20 percent.

The Board has denied the Veteran's claims for service connection for a low back disorder and sciatic nerve damage with radiculopathy of the bilateral lower extremities, finding that there is no evidence to support the secondary service connection claim.

The Veteran is entitled to a TDIU since January 13, 2011 and basic eligibility for DEA benefits under Chapter 35, Title 38 of the United States Code as of that date.

The Veteran's claim for a higher rating for lumbar spondylosis was denied as his disability did not meet the criteria for an increased rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran withdrew his claims for increased ratings and TDIU on an extraschedular basis.

The Veteran's service connection for left lower extremity radiculopathy is granted effective May 4, 2004. The claimant is not entitled to a rating higher than 10% prior to November 17, 2011.

The Veteran's claim for service connection for radiculopathy in the lower extremities, to include as secondary to his service-connected back condition, is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's erectile dysfunction is at least as likely as not related to an injury sustained during service, and the Board finds that all three elements necessary for service connection have been met.

The Veteran's combined service-connected disabilities do not render him unemployable due to a single disability alone, and he is already rated at 100% disabling.

The Board has granted an increased disability rating of 20 percent for the Veteran's lumbar spine strain with degenerative disc disease and sciatic nerve radiculitis of the right lower extremity, effective from June 29, 2015.

The Veteran's claims for higher initial ratings for DDD of the lumbar spine and right side lumbar radiculopathy were denied by the Board. The appeals are now before the Court, which set aside the June 2015 decision insofar as it pertained to these issues.

The Veteran's claims for service connection for a bilateral eye disorder, radiculopathy of the right lower extremity, obstructive sleep apnea, and hypertension are being remanded due to inconsistencies in the examination reports and need for additional medical opinions.

The Veteran's sleep apnea, lumbar degenerative disc disease, and right upper extremity radiculopathy have been granted service connection. The effective dates for these conditions are April 8, 2008, August 24, 2015, and August 24, 2015 respectively.