Radiculopathy & sciatica decisions — 2017

The Veteran's claim for an increased evaluation for degenerative arthritis of the lumbar spine was denied as his disability did not meet the criteria for a higher rating.,Service connection for radiculopathy in both lower extremities was also denied, with the Board finding that there is no current evidence of such conditions.

The Board found that the Veteran's cervical spine disability is not related to his military service and denied his claim for service connection.

The Veteran's service-connected radiculopathy of the right and left lower extremities has resulted in moderate to severe neurological impairment, warranting higher disability evaluations.

The Veteran's service-connected disabilities, including his dysthymic disorder with anxiety and depressive disorder, do not render him unable to secure and follow a substantially gainful occupation consistent with his educational and occupational background. However, as of April 6, 2012, no single service-connected disability renders him unemployable.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his knee conditions and determine if they are secondary to a service-connected disability.,The Veteran's claims for increased ratings and service connection are being remanded as new VA examinations are needed to evaluate the severity of his right knee condition and determine if it is secondary to a service-connected disability.,The Veteran's claim for service connection for a low back disability, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical spine degenerative disc disease, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for service connection for cervical radiculopathy of the right arm, to include as secondary to service-connected residuals of a total left knee arthroplasty, is being remanded as new VA examinations are needed to determine if the condition is related to his service or aggravated by a service-connected disability.,The Veteran's claim for TDIU is being deferred pending resolution of the above-mentioned claims.

The Veteran's current left leg sciatic nerve condition is not etiologically linked to an in-service injury or disease, and the Board finds that service connection for this disability cannot be granted.

The Board has granted the Veteran increased ratings for various service-connected conditions, including headaches with dizziness, degenerative arthritis of the cervical spine, and degenerative disc disease of the thoracolumbar spine. The Veteran's combined disability rating is now 100 percent.

The Veteran's right knee disability is currently rated as 10 percent disabling, with no higher rating possible under the applicable diagnostic codes.,For her lumbosacral spine disability, the current ratings are insufficient to reflect the severity of her condition. The Veteran has a combined range of motion less than 120 degrees and muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis.,The Veteran's left lower extremity radiculopathy is rated at the maximum allowable under the applicable diagnostic codes.,Her right lower extremity radiculopathy also warrants a rating of 20 percent based on the severity of her symptoms and functional impairment.,For her headaches, the current ratings are insufficient to reflect the severity of her condition. The Veteran experiences characteristic prostrating attacks occurring on average once a month.

The Veteran's service-connected peripheral neuropathy of the left and right lower extremities has been rated at 40 percent since July 16, 2014. The claim for TDIU is granted.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of this decision.

The Veteran's disability rating meets schedular requirements for TDIU, but further evidentiary development is required to assess the extent of his service-connected disabilities' impact on his employability.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his back disability and determine if he qualifies for TDIU.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected low back strain and any other diagnosed low back disorders. The issue of service connection for low back disorders other than low back strain will also be addressed.

The Board found that the Veteran's radiculopathy of the bilateral lower extremities is causally related to his service-connected lumbar spine disability and granted service connection for this condition.

The Veteran maintained gainful employment prior to January 26, 2005 and his service-connected disabilities did not prevent him from securing and following a substantially gainful occupation.

The Board has determined that the Veteran's service-connected disabilities preclude him from engaging in substantially gainful employment, and thus grants a TDIU.

The Veteran's claims of entitlement to service connection for a neck disability and bilateral shoulder disability have been denied as there is no evidence of such disabilities during active service or within one year of discharge, and the preponderance of the evidence does not support a finding that these conditions are related to service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected DDD at L2-L3 and T11-T12 with herniated nucleus pulpous and left-side sciatica. The issues on appeal are related to entitlement to an increased disability rating and TDIU.