Radiculopathy & sciatica decisions — 2017

The Veteran's appeal has been withdrawn by the appellant in a June 2017 letter, and therefore no further action is required.

The Veteran's claim for TDIU is being remanded to the AOJ, and an extraschedular evaluation under 38 C.F.R. § 4.16(b) will be considered by the Director of Compensation Service due to his service-connected disabilities.

The Board denied service connection for the Veteran's claimed right foot disability, nerve damage to his elbow, hip condition, knee condition, and lower extremity radiculopathy. The issues were decided on the merits as there was no indication of a presumption or secondary service connection.

The Veteran's appeal is remanded for additional development, including scheduling VA examinations and obtaining updated medical records. The TDIU application should also be completed.

The Veteran's back disability is rated at 20 percent from February 3, 2006 to December 10, 2012 and at 40 percent thereafter. His right lower extremity radiculopathy is rated at 40 percent since July 21, 2011. The Veteran's left lower extremity radiculopathy has been rated as non-compensable prior to March 12, 2003 and at 20 percent thereafter.

The Board has determined that the Veteran's low back disorder and left leg numbness/radiculopathy are not service-connected as they are not causally or etiologically related to his military service, including any service-connected right and left knee arthritis.

The Veteran's lumbar spine disability was rated at 20 percent prior to July 28, 2016. For the period beginning July 28, 2016, his right and left lower extremity radiculopathy were each rated at 10 percent. The Board denied both increased rating claims.

The Board has determined that the Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment, and therefore grants an extraschedular total disability rating based on individual unemployability.

The Veteran's left leg radiculopathy is currently rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's postoperative residuals of ventral hernia repair are currently rated at noncompensable (0%), and do not meet the criteria for a compensable rating.,Prior to January 15, 2015, the Veteran's hemorrhoids were rated as noncompensable. From that date forward, they have been rated at 20 percent.

The Veteran's service-connected disabilities have precluded him from obtaining and maintaining both physical and sedentary employment since June 10, 2014. The Board has granted a TDIU beginning on that date.

The Veteran is entitled to a TDIU on both schedular and extra-schedular bases, effective from November 11, 2016. Prior to that date, the Board found insufficient evidence of unemployability due to service-connected disabilities.

The Veteran's lumbar spine disability is rated at 20 percent, effective March 8, 2010.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, effective March 8, 2010.,The Veteran's left lower extremity radiculopathy is rated at 40 percent, effective March 8, 2010.

The Veteran withdrew his appeal for increased ratings and reopening of service connection claims.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since February 14, 2011. The Board finds that the evidence is at least in equipoise on whether he has been able to obtain or maintain such employment.

The Veteran's lumbosacral strain was rated at 20% prior to April 18, 2016 and granted a 40% rating effective from that date. Bilateral lower extremity sciatic nerve radiculopathy has been rated as 10%. The Veteran is not entitled to higher ratings for either condition.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule him for VA examinations to evaluate his service-connected disabilities.

The Board has decided to remand the case for additional development, including obtaining an opinion on the nature and etiology of the Veteran's scoliosis.

The Veteran's left hip disability is currently rated at 50 percent, effective June 4, 2009. The claims for service connection of sciatica and cervical spine disability are denied as there is no evidence that these conditions are related to the service-connected hip disabilities.

The Board has determined that the Veteran's service-connected right knee disorders are at least as likely as not responsible for his thoracolumbar spine degenerative disc disease, cervical spine disorder, and left arm radiculopathy.

The Veteran's service-connected lumbar spine, fibromyalgia, and left knee disabilities have caused unemployability since October 9, 2008. The TDIU claim is granted effective from that date.