Radiculopathy & sciatica decisions — 2017

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and private treatment records. The issues of increased ratings for the low back disability and left L5-S1 radiculopathy are still pending.

The Veteran's low back disability is currently rated as 40 percent disabling. The claim for a higher rating has been denied.,Effective May 28, 2008, the criteria are met for a rating of 20 percent for radiculopathy of the right lower extremity and effective February 25, 2016, for a rating of 20 percent for radiculopathy of the left lower extremity.,The Veteran's TDIU claim is addressed in the REMAND portion of the decision below and is REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran's service-connected disabilities were as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment starting from December 5, 2014, forward. However, he was able to secure and follow a substantially gainful occupation prior to that date.

The Veteran's depression has been rated at 30 percent since December 15, 2008. The rating is maintained as the evidence does not show that she meets the criteria for a higher rating.

The Board has decided that the Veteran's claims for service connection for a low back disability and radiculopathy of the left lower extremity, secondary to a low back disability need further development due to outstanding VA treatment records and clarification of etiology.

The Board has determined that the Veteran's sciatic nerve disability is as likely as not attributable to his active military service, resolving reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and assigned initial non-compensable ratings to his right trapezius muscle strain, lateral femoral cutaneous nerve dysfunction of the right lower extremity, lateral femoral cutaneous nerve dysfunction of the left lower extremity, and eczema of the lateral calves and heels.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment consistent with his level of education and occupational experience, and the Board finds that he is unemployable due to these conditions.

The Veteran's lumbar spine disability is rated at 40 percent since August 26, 2013. The rating for right lower extremity sciatica remains at 10 percent.

The Veteran's claim for a higher disability rating for his low back strain and associated left lower extremity radiculopathy is being remanded due to the need to consider whether he would receive a higher single evaluation under the old spine rating criteria or if a higher combined evaluation is available.

The Veteran's cervical spine disability is rated at 10 percent, and his right and left upper extremity radiculopathy associated with the cervical spine disability are each rated at 20 percent. The Veteran's headaches disability is rated as non-compensable from November 28, 2008 to July 22, 2012, and in excess of 10 percent since July 23, 2012. After considering all the evidence, including VA examinations and medical records, the Board has determined that the Veteran's service-connected disabilities prevent him from securing or following gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA Vocational Rehabilitation records. The claims for higher ratings for radiculopathy are also being remanded as they are inextricably intertwined with the claim for a higher rating for degenerative disc disease associated with osteoarthritis L4-5 and L5-S1.

The Board found that the Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment, thus denying his claim for a TDIU.

The Veteran withdrew his appeal for the issues on appeal prior to the scheduled video conference hearing before the Board.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and a new peripheral nerve examination.

The Board denied service connection for a back disability and left leg sciatica, finding that the Veteran's current conditions did not have their inception during active duty service.

The Veteran is granted TDIU benefits effective July 7, 2008. The Board finds that it is not factually ascertainable that the Veteran's unemployability was due solely to service-connected disabilities during the one-year period preceding the date of claim for an increased rating.

The Veteran's service-connected disabilities have not been shown to preclude him from obtaining or maintaining substantially gainful employment, and therefore the claim for a TDIU is denied.