Radiculopathy & sciatica decisions — 2017

The Board has determined that the Veteran does not have current diagnoses of cervical radiculopathy, lumbar radiculopathy, neuropathy of the lower extremities, or neuropathy of the upper extremities. Therefore, service connection for these conditions is denied.

The Board finds that the Veteran's combined service-connected disabilities render him unable to secure or follow a substantially gainful occupation, effective as of April 30, 2010.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since September 15, 2010.

The Board denied service connection for a right hip disorder, finding no current disability. However, the Veteran's TDIU claim is granted as her combined rating of 90% supports this decision.

The Board denied the Veteran's claims for increased ratings for left and right lower extremity radiculopathy, as well as his claim for a TDIU prior to March 20, 2008. The evidence did not support these claims based on the current disability rating criteria.

The Board has determined that the Veteran's left lower extremity radiculopathy, as secondary to his service-connected lumbar strain, is productive of moderate incomplete paralysis and thus warrants a 20 percent disability rating.

The Veteran's appeal is being remanded for additional development, including a new VA examination to evaluate his left inguinal hernia and lumbosacral strain. The issues of service connection for lumbosacral strain and right leg sciatica are also being remanded.

The Veteran's claims for increased evaluations of his service-connected lumbosacral and cervical spine disabilities, as well as bilateral lower extremity radiculopathy, are being remanded due to inadequate examinations in the past. The VA is required to obtain updated medical opinions regarding functional loss caused by flare-ups.

The Board has granted a 20 percent rating for radiculopathy of the left lower extremity and a separate 20 percent rating for radiculopathy of the right lower extremity prior to September 15, 2014.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and considering the TDIU claim.

The Veteran's service-connected left lower extremity radiculopathy of the sciatic nerve is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board finds that the evidence is in relative equipoise and, as such, reasonable doubt has arisen. Service connection for degenerative disc disease and degenerative joint disease with bilateral radiculopathy is granted.

The Veteran's sleep apnea is service connected, and his left toe fracture with residuals and low back degenerative disc disease are also service connected. The Veteran's sciatic neuritis of the lower extremities have been rated appropriately.

The Veteran is granted an effective date of March 18, 2008 for the grant of service connection for degenerative disc disease of the lumbar spine with bilateral lower extremity radiculopathy (previously claimed as back injury).,The Veteran's claim for individual unemployability is denied due to lack of timely filing.

The Veteran's appeal is granted, with a TDIU being awarded. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's combined effect of service-connected left trapezius muscle strain and bilateral upper extremity radiculopathy did not result in a loss of use of both hands prior to March 5, 2014. Therefore, he is not entitled to a 100 percent schedular evaluation under Diagnostic Code 5109 for the combined effect of service-connected left trapezius muscle strain and bilateral upper extremity radiculopathy prior to March 5, 2014.

The Veteran's service-connected conditions did not preclude him from securing and following all forms of substantially gainful employment that are consistent with his education and occupational experience prior to July 26, 2016.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation with consideration of all factors bearing on the issue, to include his employment history and educational and vocational attainment.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since March 6, 2013.