Radiculopathy & sciatica decisions — 2018

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination. The issues include determining whether the Veteran has a diagnosed right lower extremity condition or pain resulting in functional impairment, and if such conditions are related to his service-connected lumbar spine disability.

The Board found that the Veteran's lumbar strain and associated radiculopathy did not meet or approximate the criteria for a higher evaluation, with no incapacitating episodes reported.

The Veteran's service-connected disabilities have precluded him from securing and following a substantially gainful occupation since September 16, 2008.

The Board found that there is no persuasive evidence showing that the Veteran's service-connected disabilities preclude him from light physical work and sedentary work, thus denying his claim for a total disability rating based on individual unemployability.

The Veteran's lumbosacral strain and related conditions do not warrant a higher rating, and his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board denied an extraschedular evaluation for a lumbar spine disability prior to March 31, 2012, or for the combined effects of the Veteran's service-connected disabilities.

The Veteran's appeal was dismissed due to his withdrawal of the right ear hearing loss issue. The remaining claims were denied as there is no legal basis for a higher rating.

The Veteran's initial rating for lumbar degenerative disc disease and IVDS was granted at a 20 percent level, effective prior to May 13, 2015. A separate 20 percent rating was also granted for left lower extremity sciatica.

The Veteran's right ankle disability is service-connected and granted.,Since April 12, 2016, the Veteran has been assigned a 40% rating for his lumbar strain due to moderate radiculopathy in the left lower extremity.

The Veteran's service-connected cervical spine disorders, including spondylosis with myelopathy and DJD of the cervical spine, are found to be related to his military service. The Board grants service connection for these conditions.

The Board has granted the Veteran's claims of service connection for erectile dysfunction, depression, and a skin disorder. The appeals for left ankle, bilateral knee, and right leg radiculopathy disorders are denied as there is no current evidence of these conditions.

The Veteran's service-connected disabilities rendered him unemployable as of June 28, 2007. The effective date for the TDIU is set at this point.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional development, including a new VA examination.

The Veteran's claims for increased ratings for lumbar degenerative disc disease and right leg radiculopathy were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's service-connected disabilities, including PTSD and other conditions such as diabetes, sleep apnea, and back pain, prevent him from obtaining or maintaining substantially gainful employment. The Board grants TDIU prior to December 8, 2016.

The Board denied the Veteran's claims for service connection for radiculopathy of right lower extremity and an initial rating higher than 20 percent for radiculopathy of left lower extremity prior to March 1, 2018.

The Veteran's service-connected depressive disorder, TMJ, and right lower extremity radiculopathy do not render him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran is entitled to service connection for a lumbar spine disability and radiculopathy of the bilateral lower extremities as secondary to his service-connected lumbar spine disability. The rating assigned is 30%.

The Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities prior to October 14, 2015.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new VA examination to assess the severity of his lumbar spine disability.