Radiculopathy & sciatica decisions — 2021

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since May 31, 2017. The Board has granted a TDIU from that date onward but has remanded the issue of whether he was unemployable prior to May 31, 2017 for further review.

The Board has remanded several issues related to the Veteran's service connection claims, including for chemical poisoning, anxiety and PTSD, heart attack and a heart stent, hypertension, prostate cancer, low back injury with posttraumatic degenerative changes, left lower extremity radiculopathy, irritant dermatitis, gout in the right foot, and left shoulder acromioclavicular separation status post-operative. The Veteran is not service-connected for any of these conditions.

The Veteran's claims for a higher rating for his left shoulder disability and entitlement to TDIU prior to September 15, 2016 were both denied. The Board found that the evidence did not support an increased rating or TDIU based on service-connected disabilities.

The Veteran withdrew his appeals for increased ratings of lumbar spondylosis and right lower extremity radiculopathy, resulting in the dismissal of these claims.

The Veteran requested withdrawal of all appeals related to his claims for increased ratings and service connection. The Board has dismissed these appeals as the Veteran explicitly requested their withdrawal.

The Board dismissed the Veteran's appeals seeking earlier effective dates for his service-connected lumbar spine disability and associated radiculopathy ratings, as well as his requests for higher rating decisions. The appeal was also remanded for further development regarding a TDIU claim.

The Board has found that the Veteran's lumbar spine and bilateral lower extremity radiculopathy require additional examination to determine their current severity. The case is therefore being remanded for this purpose.

The Veteran's degenerative changes of L5-S1 with spondylosis of the lumbar spine resulted in a rating higher than 20 percent prior to May 14, 2012. Beginning June 1, 2007, he was granted a separate 10 percent rating for right lumbar radiculopathy.,Effective from May 14, 2012, the Veteran was granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his disabilities did not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's TDIU claim is granted as of October 2, 1998.,An extraschedular rating for esophagitis and gastritis is denied.

The Veteran's bilateral hearing loss disability is rated at 60% from December 9, 2019. The Board found that the Veteran was unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding service connection for radiculopathy. The issues of bilateral foot cramps and TDIU are referred back to the RO.

The Veteran's cervical spine disorder is rated at 30 percent, effective from February 25, 2021. The left upper extremity radiculopathy is also rated at 30 percent.

The Veteran's service-connected disabilities, including diabetes mellitus, bilateral hearing impairment, and peripheral neuropathies, render him unable to maintain substantially gainful employment.

The Board has remanded the cases for further development due to non-compliance with previous remand directives. The Veteran's cervical spine disability and TDIU claim are being reviewed again.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's combined service-connected disability picture prevents him from obtaining and maintaining substantially gainful employment consistent with his educational and occupational background.

The Board has denied service connection for Multiple Sclerosis, finding that the evidence does not support a finding of direct service connection. The Veteran's claim for TDIU is granted.

Service connection for tinnitus is dismissed.,Service connection for sciatica as secondary to lumbosacral strain is denied.,The claim for service connection for an acquired psychiatric disorder, to include PTSD and adjustment disorder with mixed anxiety and depressed mood, has been reopened.

The Veteran's back disability is rated at 40 percent effective August 19, 2011. The initial compensable rating for erectile dysfunction and the initial ratings in excess of 40 percent for left and right lower extremity radiculopathy are denied. A TDIU is granted.