Radiculopathy & sciatica decisions — 2019

The Veteran is granted a TDIU effective October 8, 2008. The Board found that the Veteran was unable to maintain gainful employment due to his service-connected lumbar spine disability and associated radiculopathy prior to this date.

The Board granted the Veteran a TDIU based on his service-connected lumbar spine disability and hearing loss, which prevented him from securing or following any substantially gainful occupation. The decision also addressed an increased rating for the lumbar spine.

The Board has determined that an updated VA examination is needed to assess the current severity of the Veteran's radiculopathies and whether he is entitled to separate ratings for additional nerve impairments. The RO should also adjudicate his entitlement to service connection for mild left incomplete paralysis of the musculocutaneous (superficial peroneal) nerve and mild left incomplete paralysis of the internal poplitea (tibial) nerve.

The Veteran's service-connected disabilities, including intervertebral disc syndrome and degenerative arthritis of the lumbar spine, radiculopathy of the left lower extremity involving the femoral nerve, radiculopathy of the left lower extremity involving the sciatic nerve, radiculopathy of the right lower extremity involving the femoral nerve, osteoarthritis of the right knee, osteoarthritis of the left knee, and tinnitus, render him unable to obtain substantial gainful employment. As a result, the Veteran's claim for TDIU is granted.

The Veteran's radiculopathy of the right lower extremity is granted as secondary to his service-connected chronic muscle spasm of the right lumbar region.

The Veteran's low back disability and radiculopathy of the bilateral lower extremities have been granted increased ratings, with a 40% rating for her low back disability from March 29, 2006 to May 17, 2012. The Veteran is also entitled to a TDIU effective May 17, 2012.

The Veteran's cervical spine surgery in 2002 resulted in complications, including nerve damage affecting his neck and upper extremities. The Board has ordered a remand to obtain an independent medical expert opinion regarding the cause of these additional disabilities.

The Board has determined that the Veteran does not have a current bilateral hand disability and therefore, service connection for this condition is denied. The issues of entitlement to service connection for right knee pain, sciatic nerve condition, lumbosacral strain, left knee patellofemoral pain syndrome, and migraines are remanded for further development.

The Veteran's service-connected degenerative arthritis of the lumbar spine and radiculopathy of the left lower extremity prevent him from securing or following substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has dismissed the appellant's appeals for several issues, including his claims for increased ratings and service connection.

The Veteran's service-connected back disability and right lower extremity radiculopathy have made him unable to work full-time since 2015. The Board has remanded the case for further adjudication of TDIU eligibility under 38 C.F.R. § 4.16(b).

The Board found no evidence of a nexus between the Veteran's current low back disability with radiculopathy and his military service, thus denying the claim.

The Veteran's claim for an increased rating for PTSD is denied.,Claims for earlier effective dates for service connection of radiculopathy, sciatic nerve, left lower extremity and radiculopathy, middle radicular group, left upper extremity are denied.

The Veteran's claims for service connection for various disabilities, including a lumbosacral spine disability, cervical spine disability, hearing loss of the left ear, hypertension, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are being remanded due to incomplete information.,The Veteran's claims for increased ratings for tinnitus, PTSD, and hearing loss of the right ear are also being remanded.

The Veteran's head trauma to include TBI was incurred during his period of active duty service, and the Board granted service connection for this condition.,There is no evidence of a current diagnosis or residuals from a fall to include left rib injury. The Board denied service connection for this issue.

The Veteran has been rendered unable to secure or follow a substantially gainful occupation due to service-connected disabilities including PTSD, cervical radiculopathy, lumbar strain with degenerative joint disease, and tinnitus. The Board grants the TDIU.

The Board has remanded the Veteran's claims for a new VA examination to determine the severity of his service-connected low back disability and radiculopathy of the left lower extremity. The matter will be decided again after the additional development is completed.

The Veteran withdrew his appeals of the initial ratings assigned for various service-connected disabilities, including Traumatic Brain Injury, Cervical Spine Disability, Left Shoulder Disability, Right Shoulder Disability, Lumbar Spine Disability, and others.

The Veteran's service-connected right and left foot and calf neuropathy were granted increased ratings of 60 percent each, effective July 22, 2015.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that this rating is not warranted due to lack of evidence of unfavorable ankylosis or incapacitating episodes.,Prior to December 5, 2018, the Veteran was granted a 20 percent rating for left leg numbness. However, beginning December 5, 2018, his condition warrants no higher than a 20 percent rating.