Radiculopathy & sciatica decisions — 2017

The Veteran's claims for effective dates prior to September 23, 2011 are granted. Effective from September 30, 2008, the Veteran is entitled to a 40 percent evaluation for sensory deficit of the right lower extremity, a 60 percent evaluation for lumbar intervertebral disc syndrome with degenerative disc disease, status post spinal fusion, and service connection for radiculopathy of left lower extremity.

The Veteran's claim for an earlier effective date for a separate compensable rating for radiculopathy of the right upper extremity was denied.,The Veteran's claims for earlier effective dates for service connection of degenerative disc disease of the cervical spine, bilateral hearing loss, and tinnitus were dismissed as they are not assignable due to lack of timely appeal or submission of new evidence.,The claim for new and material evidence for prostatitis was denied.

The Board has determined that there is no current diagnosis of radiculopathy in the right lower extremity, and therefore service connection for this condition cannot be granted.

The Board has remanded the case for additional development and readjudication, including consideration of whether referral to the Director, Compensation Service, is warranted in light of the findings in the October 2015 Social and Industrial Survey.

The Board has determined that the Veteran's right shoulder radiculopathy is due to or caused by his service-connected cervical spine disability, and thus secondary service connection for this condition is granted.

The Veteran's claims for service connection and increased ratings have been denied. The VA examiners found no current diagnoses of the claimed conditions, or that they are not related to service.,There is insufficient evidence to establish a current hearing loss disability under VA criteria.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the impact of his service-connected disabilities on his occupational functioning. The issue of entitlement to an extraschedular rating will also be remanded.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment for the period from July 24, 2007, to February 14, 2008.

The Veteran's service-connected disabilities meet the percentage criteria for TDIU and prevent him from securing or following a gainful occupation.

The Board has determined that the Veteran's low back disability, left leg radiculopathy, and right leg radiculopathy are related to service. The appeal is granted for these conditions.

The Veteran's service-connected disabilities, including his lumbar spine disability, right knee strain, left knee strain, and tinnitus, have rendered him unable to secure and maintain substantially gainful employment prior to August 11, 2011. Effective from August 11, 2011, the Veteran is granted a TDIU.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's radiculopathy and radiculitis of the right lower extremity were manifested by severe, incomplete paralysis without muscle atrophy throughout the entire appeal period. The Board finds that a 40 percent rating is warranted for this condition.

The Veteran's chronic lumbosacral strain with degenerative disc changes and subjective radiculopathy has been rated at 20 percent since the date of service connection, March 31, 2010.

The Board found that the Veteran's lumbar spine and right leg sciatica disabilities were not incurred or aggravated by service, nor are they proximately due to a service-connected disability. The VA examiners concluded there was no causal relationship between his service-connected right knee condition and his lumbar spine and sciatica disorders.

The Veteran's bilateral hearing loss is rated at 10 percent prior to November 12, 2016 and higher than 10 percent thereafter.,The Veteran's lumbar spine compression fracture and sprain are not entitled to a rating higher than 20 percent.,The Veteran's L2-L4 left radiculopathy with meralgia paresthetica is rated at 10 percent prior to March 28, 2012.

The Veteran's appeal has been withdrawn by the appellant before a decision was made.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the claim for increased ratings for his service-connected lumbar spine disability.

The Veteran withdrew his appeal regarding entitlement to an earlier effective date for service connection for radiculopathy of the lower extremities.

The Board finds that the Veteran was not precluded from obtaining or maintaining substantially gainful employment due to his service-connected disabilities prior to May 27, 2008.