Radiculopathy & sciatica decisions — 2017

The Board has dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board finds that the April 1, 1987 back surgery did not result in an additional disability for which compensation under 38 U.S.C. § 1151 is warranted. The Veteran's service-connected disabilities have not rendered him unable to obtain or maintain gainful employment.

The Veteran's appeal is being remanded for a videoconference hearing. The issues on appeal are related to service connection for various conditions.

The Veteran's initial evaluations for right and left lower extremity radiculopathy were granted at 20% from September 30, 2011 until June 8, 2015.,After this period, the Veteran's conditions have not met criteria for a higher evaluation.

The Veteran's lumbar spine strain with degenerative changes was rated at 20 percent prior to October 1, 2009 and is currently rated at 10 percent since that date.,The Veteran's right lower extremity radiculopathy has been rated at 10 percent since January 18, 2017.,The Veteran's glaucoma of the right eye was initially rated at 10 percent and remains at this level.

The Veteran withdrew his appeal for a higher initial disability rating for degenerative disc disease of the lumbosacral spine, expressing satisfaction with the current rating and service connection.

The Veteran's service-connected disabilities are reasonably shown to be of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a TDIU rating.

The Board has remanded this case for further development, including scheduling the Veteran for a videoconference hearing.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. Therefore, she is entitled to specially adapted housing but not special home adaptations.

For the period from November 9, 2005 to May 8, 2011, the Veteran's service-connected left lower extremity radiculopathy was manifested by continued pain, burning, and numbness; symptoms consistent with moderate incomplete paralysis. The Board found that a rating of 20 percent, but no higher, is warranted for this period.

The Board has remanded the claims for extraschedular ratings and secondary service connection, as these issues are inextricably intertwined with the TDIU claim. The Veteran's sarcoidosis prevents him from securing or following substantially gainful employment.

The Board has determined that the evidence currently of record is sufficient to establish the Veteran's entitlement to service connection for a left hip disability with associated surgical scar and nerve damage. Therefore, no further development is required.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining updated VA treatment records and a vocational evaluation.

The Board has decided to remand the case for additional development, including a new VA examination and consideration of whether the Veteran's lower extremity complaints represent an undiagnosed illness related to his service in the Persian Gulf.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment prior to May 23, 2011 or since that date.

The Veteran's radiculopathy and sciatica are being remanded for additional examination to determine their etiology, as the April 2010 VA examination report was incomplete. The sleep apnea claim is also being remanded due to inadequate explanation in the Board's decision.

The Veteran's TDIU claim is being remanded for additional development to determine the extent of her service-connected disabilities and their impact on her ability to work.

The Board has granted the Veteran's claims of service connection for spondylolisthesis of the lumbar spine, degenerative disc disease (DDD) of the cervical spine, and left arm radiculopathy. The evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service.

The Veteran's service-connected low back disability and right lower extremity radiculopathy did not render him unable to secure or follow a substantially gainful occupation prior to April 5, 2007. As such, an earlier effective date for the TDIU rating is denied.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment consistent with his education and occupational background.