Radiculopathy & sciatica decisions — 2019

The Veteran's service-connected disabilities, including degenerative disc disease and radiculopathy of the bilateral lower extremities, prevent him from securing or following a substantially gainful occupation. The Board granted a TDIU based on this finding.

The Board has remanded two issues related to radiculopathy of the bilateral lower extremities due to a lack of STRs and an incomplete opinion regarding direct service connection.

The Veteran's service-connected disabilities alone rendered him in need of regular aid and attendance, which is sufficient to grant special monthly compensation (SMC) based upon the need for aid and attendance.

The Board has determined that the Veteran's current work environment may exacerbate his PTSD symptoms and make it unsuitable for him to continue in his current occupation. The Veteran also underwent a new VA examination which noted changes in his PTSD symptomatology, including increased irritability and anger outbursts. Therefore, the case is being remanded to allow for a vocational rehabilitation assessment that considers all of the evidence of record.

The Veteran's left lower extremity radiculopathy is granted with a rating of 20 percent effective October 18, 2013. The issue of service connection for cervical neck strain has been reopened and granted.

The Board has dismissed the claims for a rating in excess of 10 percent for residuals of retained shrapnel, left hand; service connection for rheumatoid arthritis; service connection for acquired psychiatric disorder (depression); service connection for left hand carpal tunnel syndrome; service connection for a respiratory disability; service connection for a skin disorder (dermatitis); and service connection for right ear hearing loss disability. The Veteran's claim of entitlement to Sjogren’s disease has been granted.

The Veteran's claim for a higher rating for posttraumatic low back pain is denied.,The Veteran's claims for initial ratings in excess of 10 percent for right and left lower extremity radiculopathy are both denied.,The Veteran's claim for TDIU is remanded.

The Veteran's service-connected disabilities, including depressive disorder, lumbosacral strain, postoperative residuals of a perirectal abscess excision, and right lower extremity radiculopathy, have rendered her unable to secure or follow any substantially gainful occupation. The Board has granted TDIU based on the severity of these conditions.

The Veteran's claim for VR&E benefits is remanded due to the need for a complete vocational rehabilitation file and additional evaluations. The Veteran also needs to provide evidence of unsuccessful attempts at employment in his chosen fields.

The Veteran's service-connected left shoulder tendonitis and cervical radiculopathy do not prevent him from obtaining and retaining substantially gainful employment.

The Veteran's service connection for hypertension, radiculopathy of the right upper extremity, and degenerative arthritis and degenerative disc disease of the lumbar spine with herniated nucleus pulposus L4-L5, status-post spinal fusion is denied. The effective dates for TDIU and DEA are granted.

The Veteran's appeals for higher initial disability ratings for degenerative arthritis in the lumbar spine and radiculopathy in the left lower extremity have been dismissed as the Veteran withdrew his appeals.

The Veteran's claims for increased ratings for his service-connected lumbar spine and lower extremity radiculopathy disabilities are being remanded due to the need for additional medical examination.

The Veteran's claims for service connection are being remanded due to the need to consider new evidence under the 'new and relevant' standard.

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU rating. However, due to his education level and prior work experience as a mechanic and truck driver, combined with current service-connected back and leg disabilities, the Board finds that he is precluded from obtaining or maintaining substantially gainful employment solely due to service-connected disabilities. The case is therefore remanded for further consideration of TDIU.

The Board denied the Veteran's claims for service connection for radiculopathy of the right lower extremity and a rating in excess of 20 percent for his back disability, finding that there was no current diagnosis of radiculopathy of the right lower extremity and concluding that the preponderance of evidence did not support an unfavorable ankylosis of the entire spine.

The Veteran's left shoulder disability, lumbar strain with degenerative arthritis, spondylosis and IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted service connection. The Veteran is also entitled to a specific disability rating for each condition.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, as he was able to work for over a year with substantial disability ratings.

The Board has remanded the case due to inadequate examination for a back disability, requiring further evaluation and evidence.

The Veteran's low back condition is granted service connection. The issues of left and right lower extremity radiculopathy are remanded for further examination and opinion. The issue of total disability rating based on individual unemployability is also remanded.