Radiculopathy & sciatica decisions — 2017

The Veteran's service-connected disabilities prior to October 28, 2016 did not meet the schedular requirements for a TDIU. The Board has referred the case for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Veteran's appeal involves multiple knee, wrist, and low back disabilities. The RO has assigned initial ratings for these conditions, but the Veteran disagrees with these determinations.

The Board found that the Veteran's back disability did not have its onset during active service and was not otherwise directly incurred in or aggravated by any incident in active service. Therefore, service connection for a back disability is denied.

The Board has granted service connection for right CTS, finding that the condition first manifested within one year of separation from active duty. The remaining issues are remanded due to incomplete VA examinations and need for additional evidence.

The Veteran's service-connected herniated disc of the lumbar spine and radiculopathy of the lower extremities have been rated at their maximum allowable levels for the period from January 17, 2007 to January 28, 2015.

The Board finds that the Veteran's right and left knee disorders, variously diagnosed, are proximately due to or caused by his service-connected lumbar spine disability. The Veteran is also found to be unemployable due to his service-connected disabilities.

The Board has reopened the claim of service connection for a lumbar spine disability and granted it. The Veteran's current lumbar spine disability is found to be related to his in-service injury.,Regarding the left leg neurological disability, the evidence is at least in equipoise as to whether it is caused or aggravated by the service-connected lumbar spine disability.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the lower extremities have been denied. The Board found that the evidence did not support a finding of ankylosis or incapacitating episodes, and that the symptoms were not severe enough to warrant higher ratings.

The Veteran's claim for service connection for a seizure disability was denied. The effective dates for the grants of service connection for left lower extremity radiculopathy, erectile dysfunction (ED), and special monthly compensation for loss of use of a creative organ were all set to July 15, 2008.,The Veteran's claim for an earlier effective date for his seizure disability was denied. The effective dates for the grants of service connection for left lower extremity radiculopathy, ED, and special monthly compensation for loss of use of a creative organ were all set to July 15, 2008.

The Veteran's appeal is being remanded to obtain an adequate VA examination for his service-connected compression fracture of the lumbar spine and radiculopathy of the left lower extremity. The claims for increased ratings, TDIU, and initial rating will be considered in light of any new evidence.

The Board has determined that the Veteran's radiculopathy of both upper extremities does not warrant evaluations higher than the currently assigned ratings.

The Veteran's appeal is remanded for additional development, including scheduling a video conference hearing.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities, including a newly service-connected right lower extremity radiculopathy.

The Veteran's service-connected disabilities, including bladder outlet obstruction and left knee, spine, and neurological disabilities of the lower extremities, have rendered him unable to secure and follow a substantially gainful occupation since May 21, 2004.

The Veteran's claims for service connection and higher evaluations have been denied. The Board has determined that new and material evidence has not been received to reopen the claim of service connection for psoriatic arthritis.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the Veteran for VA examinations to assess his service-connected disabilities.

The Board found no relationship between the Veteran's sciatic nerve condition and his service-connected low back strain.,The Board also found no relationship between the Veteran's headaches and his service-connected low back strain.

The Veteran's lumbosacral strain with sciatica (lumbar spine disability) is currently rated at 20 percent, and the Board finds that he is entitled to a separate compensable rating for left lower extremity impairment.

The Veteran's right lower extremity radiculopathy and right foot peroneal nerve injury due to trauma are rated at 40 percent, effective March 10, 2012. The Board also granted entitlement to TDIU.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral upper extremities is denied as he does not have this condition. The Veteran's PTSD is currently rated at 50 percent, but the Board finds that it does not meet or more nearly approximate total occupational and social impairment. The December 1970 rating decision regarding a 10 percent rating for multiple noncompensable service-connected disabilities from August 5, 1971 to February 19, 2009 is final.