Radiculopathy & sciatica decisions — 2018

The Veteran is entitled to a TDIU on an extraschedular basis from July 29, 2009, due to his service-connected back disability and radiculopathy of the lower extremities.

The Veteran's hypertension is rated noncompensably disabling as it does not meet the criteria for a compensable rating under Diagnostic Code 7101.,The Veteran's peripheral neuropathy, femoral nerve, right lower extremity, is currently rated 10 percent disabling and does not meet the criteria for an increased rating.

The Veteran's increased ratings for left posterolateral herniated disc at L5-S1 and sciatica of the left lower extremity have been granted. The issue of service connection for migraine headaches remains pending.

The Veteran's appeals for service connection for lumbar radiculopathy, right lower extremity; a chronic bilateral leg disability; and arthritis of the bilateral hips have been withdrawn prior to the Board issuing a decision.

The Veteran's claims for increased ratings and service connection were denied. The back disability is currently rated at 40 percent, while the LLE radiculopathy is also rated at 40 percent.

The Veteran's service-connected disabilities, including MDD, rendered him unable to secure and follow a substantially gainful occupation as of March 5, 2001. The effective date for the grant of TDIU is now set at May 13, 2004.

The Veteran's service-connected disabilities did not prevent her from obtaining or retaining substantially gainful employment consistent with her education and experience for the period from February 26, 2007 to March 7, 2009.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU rating on an extraschedular basis under 38 C.F.R. § 4.16(b) for any period on appeal.

The Veteran's cervical spine disability is currently rated at 30 percent, and his other service-connected conditions do not preclude him from securing and following a substantially gainful occupation.

The Board has granted service connection for low back strain, left hip disability, and bilateral leg numbness. The Veteran's current obstructive sleep apnea is not related to his service-connected PTSD.,Obstructive sleep apnea was not diagnosed during service or linked to a service-connected condition.

The Veteran's tinnitus was found to have onset during service and is presumed incurred therein. The Board granted service connection for this condition.

The Board has determined that the Veteran's cervical spine, radiculopathy, lumbar spine, and gunshot wound residuals disabilities are not service-connected. The effective date for service connection of scars on the right low back is set at December 1, 1994, and no earlier. A compensable initial disability rating for the scar is denied, as is a higher than 10 percent rating for gunshot wound residuals.

The Board found that the evidence submitted since the March 2010 rating decision is not new and material, thus denying the request to reopen the claim of service connection for cervical spondylosis with bilateral radiculopathy.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his lumbar spine and bilateral lower extremity radiculopathy.

The Board has remanded the case for additional development due to inadequate examination and incomplete medical records. The Veteran's back disability and right lower extremity radiculopathy are in dispute, and a new VA examination is needed.

The Veteran's appeal is remanded due to unclear employment status and the need for a VA examination to assess his ability to secure or follow gainful employment.

The Board has determined that the Veteran's lower extremity neurological disorder, including sciatica and radiculopathy, claimed as leg and groin pain, is not related to her service or any incident therein. The claim for service connection is denied.

The Veteran withdrew his appeal for increased ratings for his lumbar disability, effective July 2014.

The Board found no evidence of a chronic back disability or radiculopathy in the right foot that is related to service. The Veteran's current complaints do not meet the criteria for service connection.

The Veteran's lumbar spine disability was evaluated as 20 percent disabling prior to March 26, 2013 and from June 1, 2013. The claim for a higher rating is denied.,For the period of November 16, 2009 until March 26, 2013, the Veteran's lumbar radiculopathy was evaluated as 10 percent disabling. The claim for a higher rating is denied.