Radiculopathy & sciatica decisions — 2017

The Board has determined that the reduction in ratings for spinal canal stenosis of the cervical spine with degenerative changes, right upper extremity radiculopathy, and left upper extremity radiculopathy was not proper. The Veteran's disabilities do not meet or approximate criteria for higher ratings under the applicable rating criteria.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation since May 1, 2009. The Board finds that the evidence is at least in equipoise with respect to whether his service-connected disabilities precluded him from securing or following substantially gainful employment prior to April 16, 2014.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's claim for service connection for left knee degenerative joint disease has been reopened and is granted.,Service connection is also granted for bilateral lower extremity sciatica/neuralgia as secondary to his service-connected lumbar spine disability.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his sciatica and any relationship between his ulcers and muscular atrophy. The claims for increased ratings and compensation under 38 U.S.C.A. § 1151 will be addressed.

The Board has denied the Veteran's claims for increased ratings and service connection, finding that his conditions do not meet the criteria for higher schedular evaluations. The issues of TDIU have been referred to the RO.

The Board found that the Veteran does not have left lower extremity radiculopathy or other separate neurologic manifestations in the left lower extremity, and thus denied service connection for this condition.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claims for service connection, and thus the claims are denied.

The Veteran's right lower extremity radiculopathy is found to be proximately due to her service-connected low back disability. The left leg radiculopathy is rated at 10 percent, the maximum under Diagnostic Code 8520.

The Veteran's sciatic neuropathy of the right lower extremity is currently rated as 10 percent disabling. The Board found that a higher rating in excess of 10 percent was not warranted. For his depressive disorder and mechanical low back pain, he is entitled to an initial disability rating of 50 percent.

The Veteran is seeking a TDIU rating based on his service-connected lumbar spine and radiculopathy disabilities. The case requires further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his employability due to these conditions.

The Veteran's service-connected disabilities, including cervical spine and upper extremity conditions, render him unemployable due to his physical limitations.

The Veteran's PTSD is linked to military sexual trauma experienced in service, and he has current symptoms of the condition.,His alcohol dependence is secondary to his diagnosed PTSD.

The Veteran's service-connected disabilities, including PTSD, low back disability, and radiculopathy of the bilateral lower extremities, render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection for upper extremity radiculopathy and bilateral leg disorder are denied as there is no current diagnosis of these conditions. The Board finds that the evidence does not support a finding of chronic radiculopathy or a currently diagnosed bilateral leg disorder.

The Veteran's lumbar spine disability was granted a rating of 20% for the period prior to April 9, 2013, and a 40% rating for the period beginning April 9, 2013. The right lower extremity radiculopathy was also granted a 20% rating throughout the appeal period.

The Veteran's claims for effective dates prior to July 9, 2009 for the grant of service connection for left and right lower extremity radiculopathy and intervertebral disc syndrome with degenerative arthritis have been granted.,Service connection has also been established for these conditions. The Veteran is currently receiving a 20% evaluation for his intervertebral disc syndrome with degenerative arthritis.

The Veteran's cervical spondylosis with cervical stenosis is currently rated at 20 percent, effective November 24, 2009. The rating for right cervical radiculopathy remains at 10 percent.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting a peripheral nerve examination to determine the nature and severity of the Veteran's service-connected bilateral lower extremity sciatica syndrome.

The Veteran is unable to obtain and maintain substantially gainful employment due to his service-connected disabilities, including low back spondylotic spondylisthesis, right lower extremity radiculopathy, and PTSD.