Radiculopathy & sciatica decisions — 2017

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating based on schedular or extraschedular considerations.

The Board has determined that the Veteran's lumbar strain does not result in radiculopathy of the sciatic nerve, and therefore a separate evaluation for this condition is denied.

The Veteran's right and left lower extremity sciatic nerve radiculopathy disabilities have not been productive of moderately severe incomplete paralysis at any time during the appeal period.,The Veteran's left lower extremity anterior crural nerve radiculopathy has not been productive of moderate incomplete paralysis at any time during the appeal period.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a new VA examination to assess his lumbar spine disability and left lower extremity radiculopathy, and providing an opinion regarding the onset of his left lower extremity radiculopathy prior to August 20, 2015.

The Veteran's appeal is being remanded for additional development, including a new VA examination to evaluate his spine disability and radiculopathy. The issue of entitlement to a TDIU is also being remanded.

The Veteran's service-connected conditions have not rendered him unable to secure or maintain substantially gainful employment.

The Veteran's lumbar spine disability has not been manifested by forward flexion of the lumbar spine functionally limited to 60 degrees or less, combined range of motion of the thoracolumbar spine less than 120 degrees, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the course of his appeal.,The Veteran's left lower extremity neurological deficits have been characterized by mild incomplete paralysis of the sciatic nerve; moderate incomplete paralysis has not been shown.,The Veteran's right lower extremity neurological deficits have been characterized by mild incomplete paralysis of the sciatic nerve; moderate incomplete paralysis has not been shown.,The Veteran's right foot mild hallux valgus with pes planus has not been manifested by symptoms equivalent to being operated on with resection of metatarsal head or symptoms equivalent to amputation of the great toe; it also does not require the use of built-up shoes or arch support.

The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is denied as he does not meet the requirements of this program due to his service-connected disabilities.

The Veteran's service-connected disabilities do not preclude his substantially gainful employment through May 23, 2016.

The Veteran's cervical spine disability and associated upper extremity radiculopathy were not granted increased ratings. The right upper extremity radiculopathy was denied, but the left upper extremity radiculopathy from May 11, 2016, received a 50% rating.

The Veteran's radiculopathy of the left lower extremity has been rated at 20 percent since August 31, 2006.

The Veteran's service-connected disabilities (PTSD, Ischemic Heart Disease, cervical radiculitis, ulnar radiculopathy of the right and left upper extremities) preclude him from securing and following substantially gainful employment consistent with his educational and work background since January 1, 2013. The Veteran's TDIU claim is granted.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding her cervical strain, right upper extremity disability (other than cervical radiculopathy), and asthma claims.

The Veteran is granted an effective date of February 26, 2008 for service connection of his low back disability and radiculopathy of the lower extremities.,The Veteran is also granted a rating in excess of 10 percent from February 26, 2008 to October 28, 2012, for his low back disability and radiculopathy of the lower extremities.

The Veteran's claim for TDIU on an extra-schedular basis has been denied as the evidence does not support a finding that he is unemployable due to his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining updated treatment records and a retrospective medical opinion regarding range of motion prior to January 17, 2013.

The Veteran's service-connected disabilities are of such severity as to render him unemployable without regard to advancing age or the presence of any nonservice-connected disorders. The Board has granted TDIU.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, effective October 24, 2005.

The Veteran's claim for a higher rating for her degenerative disc disease of the thoracolumbar spine and radiculopathy of the right lower extremity is being remanded due to the need for additional development, including obtaining private treatment records from S. F. Hospital.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent effective August 4, 2016. The Board grants this rating and also finds that the Veteran meets criteria for a TDIU due to his service-connected disabilities.