Radiculopathy & sciatica decisions — 2017

The Board has determined that it is factually ascertainable that the Veteran's service-connected disabilities prevented him from retaining substantially gainful employment for a period of one year prior to his February 12, 2008 claim. Therefore, an effective date of August 20, 2007, but no earlier, has been granted for the award of TDIU.

The Veteran's claims for increased ratings and TDIU were denied as he failed to report for scheduled VA examinations without good cause. His service-connected disabilities do not meet the criteria for a TDIU on schedular or extraschedular basis.

The Veteran's cervical spine disability and associated radiculopathy of the right upper extremity are found to be service-connected as a result of in-service exposure, without any presumption or secondary service connection.

The Board has reopened the Veteran's claim for service connection for a bilateral hip disability and granted it. The claims for increased ratings and earlier effective dates are being remanded.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral lower extremity radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his lumbar spine and bilateral lower extremity radiculopathy disabilities. The issues are inextricably intertwined with the TDIU claim.

The Board has determined that the Veteran does not have a current disability of the back that manifested during, or as a result of, active military service. The VA examiner concluded it is less likely than not that the Veteran's lumbar spine condition was caused by his service-connected left ankle disability.

The Veteran's PTSD and depressive disorder are related to his military service, and he is unable to work due to these conditions. The Board has granted a TDIU from May 29, 2012 to October 30, 2013.

The Veteran's lumbar degenerative disc disease and radiculopathy with neurogenic claudication of the bilateral lower extremities have resulted in a TDIU as of June 22, 2015. The Board finds that his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's disability ratings for right lower extremity lumbar radiculopathy have been denied as the evidence does not show more than mild or moderate incomplete paralysis of the sciatic nerve.

The Veteran's appeal is denied as he does not have a current diagnosis of cervical radiculopathy or CTS.

The Board has remanded the case for further development due to inadequate examination reports and incomplete medical records. The issues of service connection for low back disability, bilateral hip disability, and neurological disorder affecting extremities are inextricably intertwined.

The Board has remanded the case due to outstanding treatment records and worker's compensation claim records. The Veteran's claim for service connection for bilateral lower extremity radiculopathy will be reconsidered after these records are obtained.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to October 16, 2015.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's DDD of the lumbar spine or left S1 radiculopathy, as these conditions are not shown to be related to his military service.

The Veteran's service-connected right and left upper extremity cervical radiculopathy have been rated at 20 percent each, but the Board has determined that a higher rating is warranted based on the severity of his symptoms.

The Veteran's lumbar spine disability and associated left lower extremity radiculopathy were found to not warrant a higher rating than the currently assigned 20 percent for DDD of the lumbar spine, with no specific rating assigned for the radiculopathy. The Veteran's claim for increased ratings was denied.

The Veteran's back disability, including degenerative arthritis and a herniated disc at L5-S1, has been rated as 40 percent disabling since November 17, 2016.

The Board denied the Veteran's claims of entitlement to service connection for bilateral carpal tunnel syndrome, a bilateral sciatic nerve disability, and a cervical spine disability. The RO also denied her increased rating claims for her knees.

The Veteran's service connection claims for upper extremity disabilities are being remanded due to the need for additional examination and opinion regarding the etiology of his diagnosed conditions.