Radiculopathy & sciatica decisions — 2018

The Veteran is granted a 40 percent disability rating for residuals of prostate cancer from September 1, 2011. The appeal for higher ratings and TDIU are denied.

The Board has determined that the Veteran's right upper extremity cervical radiculopathy was incurred during service and is granted as service connection. However, further examination is needed to determine if any other right shoulder disability is related to service or any other service-connected condition.

The Veteran's back disorder and bilateral lower extremity nerve disorders have been evaluated based on their current severity. The Board has determined that the evidence does not support a higher rating for either condition.

The Veteran's acne, cervical spine disability, left upper extremity radiculopathy, and left shoulder disability are all rated appropriately. The left foot disorder is not service-connected.

The Veteran's lumbar spine disability is rated at 40 percent, which is the maximum schedular rating available. The Board denied a higher rating as there was no evidence of ankylosis or incapacitating episodes that would warrant a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence had not been received to reopen the cervical spine disability and bilateral upper extremity radiculopathy claims, and that there was no evidence of a nexus between the disabilities and service or a service-connected disability.

The Board has reopened the claim of entitlement to service connection for bilateral patellofemoral syndrome (claimed as a bilateral knee disorder) due to new evidence submitted by the Veteran. The claim of hepatitis C is denied as there is no evidence showing that the condition was incurred in or aggravated by active duty.

The Veteran's service-connected disabilities, including lumbosacral strain with traumatic arthritis and degenerative joint disease of the right hip, have prevented him from securing and following substantially gainful employment since December 19, 2005.

The Board has remanded the Veteran's claims for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to lack of recent VA examination. The service connection claim for a suprapubic disorder is also being remanded.

The Veteran's back disability is rated at 40 percent disabling, effective January 8, 2016. The rating for radiculopathy of the bilateral lower extremities is also granted at a 10 percent level, effective January 8, 2016.

The Veteran's left leg sciatic nerve impingement has been granted a rating of 20 percent, but no more. The Veteran's lumbar spine arthritis with intervertebral disc syndrome is still rated at 20 percent.

The Veteran's service-connected disabilities, including PTSD, hearing loss, back condition, bilateral radiculopathy, and bladder dysfunction, render him unable to secure or follow a substantially gainful occupation. Therefore, the Board grants TDIU.

The Veteran's service-connected IVDS of the lumbar spine, sciatic nerve of the left lower extremity, and sciatic nerve of the right lower extremity have been granted increased ratings to 60 percent each.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is not entitled to a higher rating for his chronic muscular back strain, and the Board found no evidence of direct or secondary service connection for his right knee disorder or right lower extremity radiculopathy.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, nor does he need regular aid and attendance of another person.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically bilateral hearing loss and degenerative arthritis of the lumbar spine. His combined disability rating meets the criteria for a TDIU as of March 22, 2017.

The Veteran's claims for increased ratings for his cervical spine and left upper extremity radiculopathy disabilities have been denied. The current disability ratings are found to be appropriate.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, warranting a TDIU for the period beginning January 22, 2018.

The Veteran's claims for increased evaluations of his service-connected lumbar spine disability and tinnitus are being remanded due to inadequate examination, new evidence not having been provided, and the need for a supplemental statement of the case.

The Veteran's left lower extremity radiculopathy is rated at 40 percent effective June 29, 2017. The claim for a higher rating prior to that date is denied.