Radiculopathy & sciatica decisions — 2017

The Veteran's TDIU claim is granted as he has a combined rating of 80% due to his service-connected disabilities, which meets the criteria for TDIU.

The Board has granted a TDIU on an extraschedular basis effective September 17, 2004. The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since August 2003.

The Veteran's claim for increased ratings for her lumbar spine and lower extremity radiculopathy was denied. The evidence did not support a finding of ankylosis or incapacitating episodes, and the most severe limitation of motion found was 75 degrees forward flexion.

The Veteran's appeal is being remanded due to the inadequacy of a previous VA examination, which did not adequately address his service-connected disabilities and their impact on his need for aid and attendance. The case will be returned for further evaluation.

The Veteran's service-connected disabilities do not render him incapable of obtaining or maintaining substantially gainful employment.

The Veteran's claims for increased ratings and TDIU have been denied. The Board finds that the current evaluations adequately reflect the severity of his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge appearing by live video teleconference (VTC).

The Veteran's lumbar spine disability has been rated at 40 percent since April 29, 2005. His right and left lower extremity radiculopathy have each been rated at 20 percent since that date.

The Veteran's service-connected disabilities, particularly his left wrist and foot conditions, have made him unable to secure or follow a substantially gainful occupation from August 2007 through September 2009. From October 2009 to March 2013 he was able to work but has been unable to do so since April 2013.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, as well as a new VA examination to assess the current severity of his lumbar spine and associated radiculopathy disabilities. The temporary total evaluation claim also requires further action.

The Veteran's lumbar intervertebral disc syndrome and osteoarthritis with right lower extremity radiculopathy were rated at 60 percent since October 8, 2011.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and consideration of extraschedular provisions.

The Veteran's lumbar spine disability is not considered service-connected, and the Board denied his claim for secondary headaches.

The Board has granted the Veteran's appeal, finding that new and material evidence has been received to reopen his claim of service connection for a low back condition. The Board also found that the current low back disorder is related to an injury during service.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective February 5, 2008. His left sciatic peripheral nerve neuropathy does not meet the criteria for a higher evaluation.

The Veteran's left upper extremity radiculopathy is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment consistent with his education, training and work experience. The Board finds the Veteran experienced symptoms of obstructive sleep apnea during service and that his current sleep apnea condition has been determined to be related to sleep issues suffered in service.

The Board finds that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment.,The evidence is at least evenly balanced as to whether the Veteran's diagnosed acquired psychiatric disorder is proximately due to his service-connected disabilities.

The Veteran's collective impact of service-connected lower back disability and left lower extremity radiculopathy has caused marked interference with employment, warranting a single 60 percent combined disability rating on an extra-schedular basis throughout the period of the claim.

The Veteran's service-connected disabilities do not render her so helpless as to require the regular aid and attendance of another person, nor are they substantially confining her to her home or immediate premises. Therefore, she is not entitled to SMC based on need for aid and attendance or at the housebound rate.