Radiculopathy & sciatica Board decisions

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, nor does he need regular aid and attendance of another person.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically bilateral hearing loss and degenerative arthritis of the lumbar spine. His combined disability rating meets the criteria for a TDIU as of March 22, 2017.

The Veteran's claims for increased ratings for his cervical spine and left upper extremity radiculopathy disabilities have been denied. The current disability ratings are found to be appropriate.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, warranting a TDIU for the period beginning January 22, 2018.

The Veteran's claims for increased evaluations of his service-connected lumbar spine disability and tinnitus are being remanded due to inadequate examination, new evidence not having been provided, and the need for a supplemental statement of the case.

The Veteran's left lower extremity radiculopathy is rated at 40 percent effective June 29, 2017. The claim for a higher rating prior to that date is denied.

The Veteran's right shoulder strain developed in service and is now granted as service-connected.,Service connection for hypertension was granted effective July 2, 2013. The claimant has not provided evidence of a prior claim before this date.,Service connection for tinnitus was granted effective December 1, 2014. The claimant has not provided evidence of a prior claim before this date.,Service connection for low back disability, right lower extremity radiculopathy and left lower extremity radiculopathy was granted effective September 2, 2008. The claimant has not provided evidence of a prior claim before this date.

The Veteran's claims for an effective date earlier than March 24, 2011 for sciatica of the left lower extremity and service connection for an acquired psychiatric disability (to include depression) were dismissed. The claim for a compensable rating for obstructive sleep apnea was granted from May 20, 2015 to July 4, 2016 with a 30 percent rating, and from July 5, 2016 with a 50 percent rating. The Veteran's claim for TDIU prior to May 20, 2015 was denied due to the presence of other service-connected disabilities that precluded him from obtaining or maintaining gainful employment. From May 20, 2015 onwards, his claim for TDIU was granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess the severity of his bilateral hearing loss and its functional effects. The issue of entitlement to TDIU has also been raised in this case.

The Board has determined that the Veteran's radiculopathy of the left upper extremity is secondary to his service-connected cervical disc disease.,However, the Board found no evidence supporting a finding that the degenerative joint disease of the right knee was caused by or aggravated by his service-connected left knee disability.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent effective May 11, 2017. His L5-S1 right lower extremity radiculopathy remains rated at 10 percent.

The Veteran is granted SMC at the maximum rate (SMC(r)(1)) due to service-connected disabilities, including loss of use of all extremities and need for regular aid and attendance.

The Veteran's back disability, characterized by pain and limited motion, has been rated at 20 percent since March 27, 2013. The current rating adequately reflects the severity of his condition based on limitation of motion.

The Board has remanded the claims for additional development due to an inadequate VA examination and issues being inextricably intertwined.

The Veteran's claim for service connection for peripheral neuropathy of the left lower extremity is denied. The low back disability has been rated at 20 percent, and the right lower extremity peripheral neuropathy has also been rated at 20 percent. The psychiatric disability has been rated at 50 percent. TDIU has been granted.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records.

The Veteran's claims for increased disability evaluations and reopening of service connection were denied. The Board found no new and material evidence to reopen the claim for a neurological disorder with headaches, seizures, and blackouts. The criteria for higher ratings for lumbosacral strain and left lower extremity radiculopathy were not met.

The Board has determined that a remand is necessary to obtain additional medical examinations for the Veteran's lumbar spine disability and left lower extremity radiculopathy, as well as to address the issues of rating in excess of 20 percent.

The Board has determined that the Veteran's current low back disability is related to his in-service low back symptoms, and therefore grants service connection for a low back disability. However, there is no evidence of left lower extremity radiculopathy at any time during the appeal period, so service connection for this condition is denied.