Radiculopathy & sciatica decisions — 2017

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and arranging for a VA examination to evaluate the severity of his service-connected degenerative disk disease of the lumbar spine and radiculopathy.

The Board has determined that there is no evidence to support the Veteran's claim for service connection for sciatica of either lower extremity, as his current symptoms do not align with the claimed conditions.

The Board found that the Veteran's neuropathy/radiculopathy of the bilateral lower extremities was not incurred or aggravated during service and is not attributable to service. The Board also determined that it is less likely than not caused by his service-connected lumbar spine strain with paravertebral spasms.

The Veteran is seeking a separate rating for radiculopathy, which is secondary to his service-connected degenerative disk disease of the lumbar spine. The case has been remanded due to the need for additional development including obtaining private medical records and possibly an updated VA examination.

The Board has awarded a higher initial rating of 40 percent for the right lower extremity radiculopathy and granted a TDIU. The left lower extremity radiculopathy remains at a 40 percent rating.

The Veteran's combined disability rating from September 15, 2016 is 80 percent. The competent and probative evidence shows that the Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation from September 15, 2016.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability with bilateral radiculopathy. The TDIU claim will also be referred to the Director of Compensation Service for extraschedular consideration if the schedular criteria are not met.

The Veteran meets the schedular criteria for a TDIU and after affording him the benefit of the doubt, his service-connected disabilities preclude him from securing substantially gainful employment.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for increased ratings for his low back disability and radiculopathies was denied. The Board found that the evidence did not show ankylosis of the thoracolumbar spine, which is required for a higher rating.

The Veteran's claims for higher ratings for his service-connected lumbar spine disability and associated radiculopathy of the left lower extremity, as well as a TDIU due to these disabilities, are being remanded for further development.

The Veteran withdrew his appeals for increased ratings in August 2016, leaving no issues for the Board to adjudicate.

The Board has remanded the claim for a TDIU due to insufficient evidence regarding the Veteran's ability to secure and follow substantially gainful employment due to his service-connected disabilities, particularly considering the impact of opioid use.

The Veteran's radiculopathies in both lower extremities are rated at 20 percent since February 1, 2016. The appeal for higher ratings is denied.

The Veteran's appeal includes multiple issues related to service connection for various conditions, as well as a claim for educational assistance benefits under the Post-9/11 GI Bill. The Board has determined that these claims require additional development and will be remanded to the AOJ.

The Veteran's service-connected disabilities are not of such severity that they effectively preclude him from securing or following all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him.

The Board found that the Veteran's current cervical spine disability, including degenerative disc disease and canal stenosis with right upper extremity radiculopathy, is not related to his military service. The claim for service connection was denied.

The Veteran's back disability was granted an initial rating of 20 percent, effective December 12, 2011. The claim for increased rating for left lower extremity radiculopathy remains pending.

The Board has determined that the Veteran's current low back and left hip disorders are not related to his military service, and therefore denied both claims for service connection.

The Veteran's acquired psychiatric disability to include a depressive disorder is service connected as secondary to his service-connected low back disability. His right lower extremity lumbar radiculopathy associated with the low back disability has also been granted service connection.