Radiculopathy & sciatica decisions — 2017

The Veteran's hypertension, migraines, and other service-connected disabilities do not meet the criteria for a compensable rating or extraschedular evaluation. The Board denied his claim of entitlement to TDIU prior to September 10, 2010.

The Veteran's PTSD has been found to warrant a 70 percent disability rating, effective from November 13, 2009. The Board also granted service connection for the low back disability with left lower extremity radiculopathy and denied service connection for degenerative arthritis of the left knee. The Veteran was also awarded TDIU benefits.

The Veteran's appeal is being remanded for further development, including obtaining private medical records and scheduling a VA examination to assess the severity of his lumbar spine disability and left lower extremity radiculopathy.

The Board has determined that an effective date earlier than August 21, 2014 for the award of service connection for lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and scar tissue on the lower back is denied.

The Veteran's appeal is currently in remand status due to the need for additional development, including a VA examination and obtaining outstanding treatment records. The issues include increased ratings for low back disability and sciatic nerve impairment of the right lower extremity, as well as TDIU.

The Board denied service connection for a back disorder, left lower extremity sciatica, and an acquired psychiatric disorder (PTSD and depression). The Veteran's symptoms were not shown to be related to his military service.

The Veteran's low back disability with degenerative disc disease and right sciatic neuropathy was found to not meet the criteria for a higher rating than 20 percent.

The Board granted service connection for right sciatica and assigned a 10 percent initial rating for bilateral pes planus.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since September 21, 2009.

The Veteran's PTSD was rated at 30 percent from October 1, 2006 through June 14, 2016 and at 70 percent from June 15, 2016. The TDIU rating is granted.

The Veteran's left leg numbness is not a residual or symptom of his service-connected traumatic brain injury (TBI). The Board finds that the preponderance of evidence does not support granting service connection for left leg numbness.

From June 30, 2014 to October 20, 2016, the Veteran's low back disability was rated at 20 percent.,Effective October 20, 2016, the Veteran is entitled to a rating of 40 percent for his intervertebral disc syndrome of the lumbar spine.

The Board has ordered a remand to obtain an addendum opinion regarding the etiology of the Veteran's neurological disability of the right leg. The case will be readjudicated following completion of this task.

The Veteran is granted a disability rating of 40 percent for radiculopathy of the right lower extremity, effective October 30, 2014. He does not meet criteria for an increased rating for his degenerative disc disease or radiculopathy of the left lower extremity.

The Board has granted service connection for sleep apnea, but denied service connection for left leg sciatic nerve disability and sinusitis. Sleep apnea is found to be related to the Veteran's military service.

The Veteran's service-connected disabilities do not involve the physical loss or permanent loss of use of his hands or feet, permanent impairment of vision in both eyes to the specified degree necessary for the award of adaptive equipment, scar formation resulting from severe burn injury, or ankylosis of his knees or hips. Therefore, the criteria for entitlement to a certificate of eligibility for specially adaptive automotive equipment or adaptive equipment only have not been met.

The Veteran's radiculopathy of the left lower extremity is not productive of more than mild incomplete paralysis, and therefore, his claim for an increased rating is denied.

The Board has granted service connection for the Veteran's neck disability and radiculopathy of the bilateral upper extremities, finding that these conditions are etiologically related to his active service.

The Veteran's back disability, which includes low back strain and radiculopathy of the lower left extremity, has been rated at 20 percent since April 2009. The Board found that a higher rating is not warranted due to lack of evidence showing favorable ankylosis or incapacitating episodes.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation since August 2003, leading to the grant of TDIU on an extraschedular basis effective August 13, 2003.