Radiculopathy & sciatica decisions — 2018

The Veteran's appeal is being remanded to obtain a new VA examination and additional medical records, as well as to address the TDIU claim in conjunction with the increased rating claim.

The Board has determined that the Veteran's current low back and cervical spine conditions are not related to service, but his bilateral hearing loss is presumed due to in-service noise exposure. The Veteran also meets the criteria for a diagnosis of ischemic heart disease.,Service connection is granted for ischemic heart disease.

The Board has determined that the effective dates for the grants of service connection for radiculopathy of the right and left lower extremities are September 24, 2009.

The Veteran's service-connected back disability and radiculopathy have been granted increased ratings, effective October 6, 2015. A TDIU rating has also been granted, effective November 4, 2014.,The Veteran's right and left lower extremity radiculopathy have been rated at 40 percent each.

The Veteran is granted a TDIU on an extraschedular basis for the period prior to August 11, 2015 due to his service-connected disabilities preventing him from securing and following substantially gainful employment. The temporary total evaluation based on a service-connected disability requiring a period of convalescence (total temporary evaluation) is denied as there is no service connection for a cervical spine condition.

The Veteran's service-connected radiculopathy of the lower extremities has been rated at 100% since September 11, 2015. The Board finds that his unemployability due to these disabilities is effective from April 3, 2010.

The Board has granted a 40 percent disability rating for the Veteran's lumbar spine disability, effective from October 18, 2011. The Veteran also received a separate 40 percent disability rating for right lower extremity radiculopathy, effective since October 3, 2007.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of the record.

The Veteran's claims for increased ratings for PTSD and a compensable rating for bilateral hearing loss, as well as his claim for service connection for radiculopathy of the lower extremities, were denied. The Board found that there was no evidence to support higher ratings or service connection.

The Board has remanded the case for additional development, including a new VA examination to address the Veteran's claims of cervical spondylosis and upper extremity radiculopathy.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's service-connected conditions have been evaluated based on their direct effects and not through any presumptive or secondary theories. The initial evaluations for the ankle disabilities, lumbar strain with intervertebral disc syndrome, left leg sciatica, patella femoral syndromes, and costochondritis are denied.

The Veteran's combined total rating was correctly calculated as 80 percent prior to March 11, 2016.

The Board has determined that the Veteran's low back disability is related to his service-connected bilateral knee disabilities, and thus grants entitlement to service connection for this condition.,The Board also granted entitlement to service connection for right lower extremity sciatica as secondary to the now service-connected low back disability. However, the claim for Achilles pain (right leg) was denied.

The Veteran's claim for service connection for a back disorder has been reopened and granted.,Service connection is also granted for ischemic heart disease, presumed due to herbicide exposure.

The Board has determined that additional development is necessary before the underlying claim for an increased rating for a lumbar spine disability can be adjudicated on the merits.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the case for additional development, including obtaining SSA disability determination(s) and VA treatment records. The Veteran's claims will be reconsidered based on the newly obtained evidence.

The Veteran's service-connected disabilities, including his back disability and bilateral lower extremity radiculopathy, prevent him from securing and following substantially gainful employment. The Board finds that he is unable to secure and follow a substantially gainful occupation by reason of his service-connected disabilities.

The Board has granted a 20 percent rating for the Veteran's service-connected lumbosacral spine strain, mild scoliosis, degenerative disc disease, anterolisthesis L5-S1 (lumbar spine disability), and a 20 percent rating for his service-connected left lower extremity radiculopathy. The Veteran's status post left total knee replacement is rated at 30 percent.