Radiculopathy & sciatica decisions — 2017

The Board has reopened the claim for service connection for a bilateral sciatic nerve strain, but denied the claim of service connection for a low back disorder.

The Veteran's lumbar spine disability and associated radiculopathy are rated at 40 percent, but the Board found that he is not unemployable due to his service-connected disabilities as his symptoms do not prevent him from securing or following substantially gainful employment.

The Veteran's service-connected disabilities, including radiculopathy, DDD cervical spine, bilateral hearing loss, and DDD cervical spine - left upper extremity, precluded him from securing and maintaining all forms of substantially gainful employment. The Board finds that the criteria for TDIU have been met.

The Veteran's claims for service connection are being remanded to obtain missing STRs and to provide a VA examination to determine the etiology of his lumbar spine, bilateral knee, bilateral hip, and bilateral foot disabilities.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis is related to his military service. The remaining claims of service connection for other conditions are remanded for additional development.

The Veteran's lumbosacral strain and associated radiculopathy of the right and left lower extremities are rated at 40 percent, with separate ratings for each affected limb.

The Veteran's service-connected lumbar spine disability with associated neurological impairment is rated at a single 60 percent rating, and he is granted a TDIU due to his service-connected disabilities.

The Veteran's service-connected disabilities, including his back condition and other conditions like sleep apnea, hypertension, and carpal tunnel syndrome, render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's service-connected lumbar disc disease and associated right lower extremity radiculopathy are not rated higher than the current assigned disability ratings.

The Veteran's appeal for service connection for cervical DDD with upper extremity radiculopathy has been withdrawn and is dismissed. The issues of new and material evidence for entitlement to service connection for right and left shoulder conditions have not been withdrawn.

The Board denied the Veteran's claims for increased evaluations for radiculopathy of the right and left lower extremities, finding that the evidence did not support a higher evaluation as his disability was manifested by mild to moderate incomplete paralysis.

The Veteran's appeal is being remanded for further examination and development of his claims, including a new VA examination to assess the severity of his thoracolumbar spine disorder and related radiculopathy. Additionally, private medical records are requested.

The Veteran's claims for increased ratings for thoracolumbar degenerative joint and disc disease and right lumbar radiculopathy were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Board has determined that the Veteran's lumbar spine DJD and right lower extremity radiculopathy do not warrant a higher rating under the applicable VA rating criteria.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, as he has maintained at least part-time employment throughout the appeal period with only temporary, short-term periods of unemployment related to budgetary or contracting issues.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and arranging for additional examinations to assess the current severity of his service-connected disabilities.

The Board dismissed the claim of CUE in the October 30, 1997 rating decision denying service connection for the back disability. The Veteran's earlier effective date and increased rating claims for sciatic neuropathy were denied as there was no clear evidence that the disabilities were related to his service-connected back disability.

The Board has determined that the Veteran's radiculopathy of the right and left lower extremities does not warrant a rating in excess of 10 percent, as the clinical findings do not support the moderate severity found by the examiner.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the current severity of his bilateral hearing loss and whether any low back disability with lower extremity radiculopathy was incurred in service or related to any incident of service. The examiner must also determine if any acquired psychiatric disorder and erectile dysfunction are secondary to his low back disability.