Radiculopathy & sciatica decisions — 2017

The Veteran's claims for higher initial ratings and TDIU are being remanded due to the need for additional examinations, treatment records, and development of his employment history.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including new examinations.

The Veteran withdrew all his appeals before the Board could make a decision.

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

The Board has denied the Veteran's claims for service connection for a cervical spine disorder and right upper extremity radiculopathy. The claim for an acquired psychiatric disorder remains pending.

The Veteran is seeking service connection for various disabilities including degenerative disc disease of the lumbar spine, radiculopathy, left wrist and right wrist avascular necrosis, as well as a higher rating for his cervical spine disability. The appeal also includes an issue regarding TDIU.,The Veteran seeks service connection for bilateral lower extremity radiculopathy, degenerative joint disease of the left ankle, and avascular necrosis of both wrists. He also requests a higher initial rating for his right ankle disability and entitlement to TDIU based on his service-connected disabilities.,,,The Veteran seeks service connection for avascular necrosis of the right wrist due to service-connected right ankle disability. The appeal includes an issue regarding TDIU.,,,

The Veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected left sciatic nerve involvement and bilateral post-herpetic pain syndrome.

The Veteran's low back disability is rated at 40 percent, effective from all times during the pendency of the appeal. He also meets the criteria for a separate 10 percent rating for right lower extremity radiculopathy.

The Veteran's lumbar spine DDD and degenerative spondylosis with multilevel disc bulging with right lower extremity radiculopathy was aggravated by his service-connected right knee and right ankle disorders, thus meeting the criteria for service connection.

The Veteran requested to withdraw multiple claims, including a rating for lumbar disc disease and SMC based on need for regular aid and attendance or at the housebound rate. The Board dismissed these issues as withdrawn.

The Board has granted a 40 percent rating for the Veteran's lumbar spine disability and right lower extremity radiculopathy, finding that these conditions meet the criteria for such ratings based on their functional impact.

The Veteran's service-connected disabilities and vocational background have not prevented him from obtaining or maintaining substantially gainful employment prior to February 12, 2014.

The Board has remanded the case for additional development, including obtaining a retrospective medical opinion and considering lay evidence of pain and functional loss. The Veteran's claim for an increased rating remains pending.

The Veteran withdrew his appeals for increased disability evaluations and rating reductions, as well as TDIU.

The Veteran's appeal is remanded for further development, including obtaining legible copies of service personnel and treatment records, arranging for a VA examination to determine the relationship between his diabetes mellitus and service, and scheduling an aid and attendance examination.

The Veteran's claim for a higher rating for spondylolisthesis at L3-L4 with degenerative sclerosis and disc disease from L3 to S1 was denied. The claim for an earlier effective date for the separate rating of right lower extremity radiculopathy was granted.

The Veteran's PTSD is currently rated at 50 percent, which meets the criteria for a 70 percent rating under the General Rating Formula for Mental Disorders. The Veteran also has thoracolumbar spine degenerative arthritis and radiculopathy of the right lower extremity that are each rated at 10 percent. Tension headaches have been rated as noncompensable, but the Veteran's service-connected disabilities are sufficiently severe to inhibit her ability to obtain gainful employment, warranting a TDIU rating.

The Veteran's appeal is remanded for additional examinations and development of the claims due to issues with cervical spine disability and left upper extremity radiculopathy.

The Veteran's low back disability has been manifested by complaints of ongoing pain, radiating pain, difficulty standing, walking, lifting for extended periods of time, muscle spasms, decreased motion, stiffness and weakness with forward flexion greater than 30 degrees. The Board finds that the preponderance of the evidence is against finding that an increased rating in excess of 20 percent is warranted for the Veteran's low back disability.

The Veteran's hypertension, diabetes, neuropathy of the right and left upper extremities, neuropathy of the left lower extremity, sciatic radiculopathy of the right lower extremity, bilateral retinopathy, and depression with PTSD are all found to be service-connected. The Veteran is assigned a 10 percent disability rating for each condition.