Radiculopathy & sciatica decisions — 2017

The Veteran's service-connected disabilities, including depressive disorder, degenerative joint/disc disease of the thoracolumbar spine, right and left upper extremity radiculopathy, anterior cervical discectomy and fusion, chondromalacia of the knees, migraine headaches, and other conditions, have rendered him unable to secure or maintain substantially gainful employment since September 12, 2008.

The Veteran's claim for an increased rating in excess of 20 percent for cervical strain, with disc and joint degeneration C5-6 is being remanded due to the need for a new VA examination to assess the current severity of his service-connected conditions.

The Veteran's claim for higher ratings for his service-connected radiculopathy of the left lower extremity and degenerative disc disease, lumbar spine was denied. The effective date for the increased evaluation of the lumbar spine remains July 29, 2011.

The Board found that the Veteran does not have radiculopathy of the right and left legs, nor did he meet the criteria for service connection. The claim for residuals of a low back disability was granted as it is considered direct service connection.

The Veteran's service-connected disabilities, including sleep apnea, major depression, cervical spine degenerative disc disease, right wrist carpal tunnel syndrome, lumbar spine degenerative disc disease, bladder dysfunction, right shoulder arthritis, allergic rhinitis, left and right lower extremity radiculopathy, hypertension, and pseudofolliculitis barbae, have rendered him unable to secure or follow a substantially gainful occupation since June 1, 2012.

The Board denied the Veteran's claim of service connection for coronary artery disease, as his VA Form 9 was not timely filed. The claims for increased ratings for degenerative disc disease of the lumbosacral spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were denied. The claim for GERD was granted with a zero percent rating effective June 12, 2015.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and the Board finds that he is entitled to TDIU for the entire rating period on appeal.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the current schedular ratings adequately reflected the severity of his service-connected disabilities.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining income information. The claim of entitlement to nonservice-connected pension is being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's TDIU claim is remanded due to the need for a VA examination to assess his employability considering his service-connected disabilities, and any relevant ongoing VA treatment records.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Board has granted increased ratings of 30 percent for radiculopathy of the right upper extremity and 20 percent for radiculopathy of the left upper extremity from February 1, 2005 to January 11, 2011.

The Veteran is granted a rating of 40 percent for low back strain from February 7, 2010, to November 5, 2014.,She is also granted separate ratings of 20 percent each for bilateral lower extremity radiculopathy since February 7, 2010.

The Board denied the Veteran's claim for service connection for a neurological disorder manifested by pain, numbness, and tingling to include polyneuropathy, radiculopathy, and carpal tunnel syndrome, claimed as due to cold weather exposure. The evidence did not support a finding of a nexus between these conditions and service.

The Board has determined that the Veteran's current cervical spine disability, including any neurological components such as sciatic nerve disorder and peripheral neuropathy, is not related to his military service. The VA examiner found no evidence of a chronic disease shown in service or within the applicable presumptive period under 38 C.F.R. § 3.307.

The Veteran's disability has been productive of no more than severe incomplete paralysis of the sciatic nerve, and thus does not meet the criteria for a higher rating.

The Veteran's claim for increased ratings for his service-connected chronic low back strain with degenerative changes and herniation at L4-L5, as well as left lower extremity radiculopathy, was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's TDIU claim is being remanded for referral to the Director, Compensation Service, for extraschedular consideration due to his service-connected disabilities.

The Veteran withdrew his appeal for an increased rating for radiculopathy of the right lower extremity, and thus the appeal is dismissed.

The Veteran's diabetes was evaluated as 20 percent disabling. The Board denied a higher rating for diabetes, but found that the Veteran is entitled to separate ratings for his peripheral neuropathy of the lower extremities and right upper extremity.