Radiculopathy & sciatica decisions — 2017

The Veteran's right upper extremity radiculopathy is rated at 30 percent, and his TBI-related conditions are rated appropriately based on the severity of symptoms.

The Veteran's right hip sciatica is currently rated at 20 percent since September 21, 2011.

The Board has remanded the case for additional development due to new evidence being added to the record. The Veteran's claim of TDIU remains under review.

The Veteran's service-connected conditions do not combine to preclude him from securing and following a substantially gainful occupation.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's TDIU claim is granted as his service-connected disabilities result in a functional impairment of being able to perform only sedentary work, and they overshadow any professional skills acquired during and after service. The Veteran meets the schedular requirement for TDIU due to combined rating of 70 percent.

The Veteran's spine disability is rated at 40 percent, which does not meet the criteria for a higher rating. The evidence does not support an increased rating due to unfavorable ankylosis of the entire thoracolumbar spine.,Service connection has been denied for MDD with PTSD symptoms as there is no current diagnosis and the Veteran's symptoms are attributed to post-service factors.

The Board has determined that the Veteran's current low back disability is not related to his active service and therefore denied his claim for service connection.

The Board denied the Veteran's claims for service connection for bilateral leg radiculopathy and an acquired psychiatric disorder, including depression, as secondary to her service-connected conditions. The appeal is remanded for further development.

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, preclude all forms of gainful employment. The Board grants TDIU on an extraschedular basis.

The Veteran's intervertebral disc disease is currently rated at 40 percent, and the claim for a higher rating is denied.,For the period from June 13, 2006 to April 4, 2015, the Veteran was granted an initial disability rating of 20 percent for his right lower extremity radiculopathy. From April 5, 2015, he is now rated at 30 percent.

The Veteran's lumbar spine disability is rated at 20 percent, effective January 19, 2013, for left lower extremity radiculopathy. The rating for the lumbar spondylosis remains at 20 percent.

The Veteran's appeal of entitlement to service connection for a left shoulder disability was dismissed due to the Veteran withdrawing his claim.

The Veteran's appeal is being remanded for further development, including consideration of a TDIU prior to May 1, 2009. The issues of entitlement to increased ratings and TDIU will be addressed together.

The Board has remanded the case due to inadequate reasons and bases provided by the Board in its denial. Specifically, the JMR noted that a record mentioned in the hearing was not obtained, and the VA examination did not have an adequate opinion regarding secondary service connection.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of her claimed lumbar spine disability, left lower extremity radiculopathy, anemia, lupus, and acquired psychiatric disorder.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 10 percent, and his radiculopathy of the right lower extremity is also rated at 10 percent. Both conditions are not found to warrant a higher rating based on current evidence.,There is no indication that either condition has been linked to any specific exposure basis such as burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive service connection criteria.

The Veteran's TDIU claim is being remanded due to the need for extraschedular consideration, as his service-connected disabilities do not meet the percentage threshold for a TDIU under VA regulations.

The Veteran's low back disability and radiculopathy of the left lower extremity have been rated at 10 percent since February 17, 2012.,An earlier effective date for these ratings is not warranted.

The Veteran's service-connected right and left lower extremity radiculopathy have been rated as moderate for the periods prior to August 5, 2015, and in excess of 20 percent thereafter. The claims for higher ratings remain on appeal.