Radiculopathy & sciatica decisions — 2018

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a bilateral lower extremity nerve disability, secondary to a service-connected lumbar spine disability. The Veteran's sciatica is currently diagnosed and considered as part of this reopened claim.

The Veteran's cervical DDD and left cervical radiculopathy are currently rated at 20% and 30%, respectively, since May 13, 2013. The Board has determined that these ratings do not adequately reflect the severity of his conditions during the appeal period.

The Board has remanded the case for further development, including obtaining VA and private treatment records, providing VCAA notice, scheduling VA examinations, and readjudicating the claims on appeal.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since December 12, 2011. The Board has determined that the criteria for TDIU are met as of this date.

The Board has granted service connection for left lower extremity sciatica, but the claims for left and right knee disabilities are remanded due to missing records and need for further examination.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to January 11, 2016.

The Veteran's lumbosacral strain and radiculopathy of the lower extremities have been rated based on their underlying spinal conditions. The current appeal pertains to increased ratings for these conditions.,For the period prior to February 20, 2013, the Veteran’s lumbosacral strain was rated at 10 percent and radiculopathy of the right lower extremity was rated at 10 percent. Since then, both conditions have been rated at 20 percent.

The Board has reopened the Veteran's claim for service connection for a back disability and determined that his current back disabilities, including lumbar disc disease with radiculopathy, are associated with his active duty service. The rating assigned is 30%.

The Board has granted service connection for radiculopathy of the bilateral lower extremities as secondary to a service-connected right hip disability.

The Veteran's claim for a TDIU is remanded due to the need for additional evidence and examination.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss or chronic fatigue syndrome, and thus service connection for these conditions is denied.,For the joint condition (claimed as Gulf War Illness) and muscle condition (claimed as due to Gulf War Illness), an addendum opinion is needed regarding whether they are related to service.

The Veteran's bilateral median neuropathy is granted as secondary to his service-connected lumbosacral strain and right leg radiculopathy. A disability rating of 40 percent for the lumbosacral strain with degenerative changes is granted from November 14, 2012. The initial disability rating in excess of 20 percent for the right leg radiculopathy remains at 20 percent.

The Veteran's diabetes mellitus has been rated at 20 percent, but no higher.,Left and right lower extremity sciatic nerve peripheral neuropathy have both been rated at 20 percent.,PTSD from July 22, 2009 to July 11, 2011 was granted a 100 percent rating.,PTSD from October 1, 2011 and thereafter has also been granted a 100 percent rating.

The Board has remanded several issues for further development, including service connection claims and increased rating claims. The Veteran's TDIU claim is also inextricably intertwined with the increased ratings still on appeal.

The Veteran's kidney dysfunction is not service-connected, and his DDD of the lumbar spine with radiculopathy has been granted a 40% rating since September 23, 2002.

The Veteran's PTSD is granted as it was related to in-service personal assault. The issues of increased ratings for cervical strain with traumatic arthritis, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity are remanded.

The Board has granted a TDIU effective from April 30, 2008. The Veteran's service-connected low back disability and radiculopathy have prevented him from securing and following substantially gainful employment since that date.

The Veteran's cervical spine laminectomy with DDD resulted in a rating of 30 percent effective April 12, 2018.

The Veteran's cervical and lumbar disc diseases are each rated at 20 percent, effective June 5, 2012. The radiculopathy of the bilateral lower extremities is also rated at 20 percent, effective June 5, 2012.,PTSD with depression is rated at 50 percent, effective throughout the duration of the appeal.

The Veteran's service-connected disabilities, including lumbar spine disability, left knee disability, neuropathy of the face with motor dysfunction, bilateral shoulder disability, radiculopathy in bilateral lower extremities, left hip disability, and right finger disability, have rendered him unemployable prior to July 30, 2015. The Board granted his claim for a total disability rating due to individual unemployability (TDIU) based on the combined impact of these disabilities.