Radiculopathy & sciatica decisions — 2018

The Veteran's claims for earlier effective dates for his mood and unspecified depressive disorders, cervical radiculopathy of the left upper extremities, and cervical OA, DDD and IVDS have been granted. The effective date is set to December 7, 2011.

The Board has determined that the Veteran's current diagnoses of low back, right leg radiculopathy, upper back disorder, bilateral shoulder disorders, bilateral hip disorder, left knee disorder, bilateral ankle disorder, and bilateral foot disorder are at least as likely as not related to his in-service injury. As such, service connection is granted for these conditions.

The Veteran's service-connected cervical spine spondylosis is currently rated as noncompensable, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's cervical spine disability was granted with a rating of 10 percent prior to February 29, 2016 and increased to 20 percent from February 29, 2016 to April 3, 2017. From April 3, 2017 onwards, the disability remains rated at 10 percent.

The Veteran's claims for service connection and increased ratings have been granted. The effective date of service connection for major depressive disorder is set to May 18, 2015.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability. The issues on appeal include initial ratings higher than currently assigned for his service-connected lumbosacral strain with degenerative changes, as well as entitlement to a TDIU.

The Veteran's current degenerative disc and joint disease of the lumbar spine is found to be causally related to his period of active service, and thus he has been granted service connection for this condition.

The Board has determined that the Veteran's degenerative spondylosis of the lumbar spine with right lower extremity radiculopathy is not service-connected as it pre-existed his military service and did not worsen during service.

The Veteran's claims for higher ratings for his lumbar spine disability and bilateral lower extremity radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 40 percent for the lumbar spine disability, or for initial compensable ratings for the bilateral lower extremity radiculopathy prior to October 23, 2008.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of recent legal decisions.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to October 21, 2011 is denied as the evidence does not show that he was unable to secure or follow substantially gainful employment due to his service-connected conditions.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since June 4, 2010.

The Veteran's service-connected disabilities, including chronic low back pain, radiculopathy of the lower extremities, and degenerative arthritis of the right knee, render him unable to secure or follow a substantially gainful occupation.

The Veteran's low back disability, including right and left lumbar radiculopathy, is rated at 20 percent since December 30, 2008. The rating reflects the limitation of motion and pain without incapacitating episodes or ankylosis.

The Veteran's lumbar spine DDD is rated at 20 percent effective September 21, 2009. His right lower extremity radiculopathy is rated at 10 percent effective the same date.

The Veteran's lumbar degenerative changes with IVDS and radiculopathy of the femoral nerves were not found to warrant a disability evaluation in excess of 10 percent. The evidence did not show sufficient impairment for higher ratings.

The Veteran's service-connected disabilities did not prevent him from obtaining or keeping employment prior to March 5, 2014. The Board found that the Veteran's substance abuse disorder was a contributing factor material to his disability determination and thus he has not been disabled within the meaning of the Social Security Act at any time from the alleged onset date through the date of this decision.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the issues regarding lower extremity radiculopathies are also addressed with initial ratings of 10 percent each. The Veteran does not meet criteria for a higher rating under these conditions.

The Board has determined that a VA medical examination is needed to determine the nature and etiology of the Veteran's claimed low back disorder, including diagnoses noted in treatment records. The case will be remanded for this purpose.

The Board has determined that there is no evidence to support a finding that the Veteran's cardiopulmonary arrest was caused or contributed substantially or materially to his death. The preponderance of the evidence is against the claim.