Radiculopathy & sciatica decisions — 2017

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) prior to April 21, 2009 was denied as his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Board finds that the Veteran's service-connected disabilities do not preclude her from obtaining and retaining substantially gainful employment, thus denying her claim for a TDIU.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his level of education and work history.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, vision disability, a respiratory disability (COPD), a nerve disability (PVD or right L3 radiculopathy), and a skin disability. The appeals were decided on the basis that there was no evidence of in-service injury or disease related to these conditions.

The Board has determined that the Veteran's lumbar spine degenerative arthritis and left leg sciatic nerve condition are not service-connected, as they pre-existed his military service. The right knee disability is also not service-connected as it was not caused by or aggravated by the lumbar spine disability.

The evidence does not show the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran meets the schedular requirement for TDIU as of October 18, 2016 and her service-connected disabilities render her unemployable.

The Veteran's appeal includes claims for increased ratings for his service-connected lumbar spine disability and left lower extremity radiculopathy, as well as a TDIU claim. The case is being remanded to obtain updated medical evidence and to refer the issues of extraschedular evaluations and TDIU consideration.

The Veteran's appeal is being remanded due to the need for a hearing at the RO via videoconference. The issues of reopening his claim and establishing service connection for low back/spinal disorder, lumbar radiculopathy, and bilateral knee disorders are pending.

The Veteran's low back strain with compression fracture and degenerative disc disease of the lumbar spine is rated at 40 percent, right lower extremity radiculopathy at 40 percent, and left lower extremity radiculopathy at 40 percent. The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities, specifically his low back disability and bilateral lower extremity radiculopathy, have rendered him unable to secure or follow any form of substantially gainful employment prior to June 20, 2008. As a result, the effective date for TDIU is granted.

The Board found that the Veteran's low back disability and sciatica are not related to active service or any incident of service, including as due to a service-connected disability. The right sacroiliac joint dysfunction is currently rated at 10%.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation, thus granting his claim for TDIU.

The Board has determined that the Veteran's low back disability, including lumbar disc disease and degenerative changes at L4-5 and L5-S1, is service connected.

The Veteran's service-connected disabilities alone have rendered him unable to obtain or maintain substantially gainful employment prior to January 22, 2014.

The Board has decided to remand the case for further development due to incomplete medical records and need for an addendum opinion from a VA examiner.

The Board finds that the Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment for the entire period on appeal.

The Veteran's back disability is rated at 40 percent, effective June 9, 2011. He also receives separate ratings of 10 and 20 percent for his left and right lower extremity radiculopathy.

The Board has determined that the Veteran's service-connected disabilities do not preclude her from obtaining or maintaining substantially gainful employment, and thus, she is not entitled to a TDIU.