Radiculopathy & sciatica Board decisions

The Board has remanded the case for further development, including obtaining VA treatment records and a VA examination. The Veteran's claim for an increased rating for his lumbar spine disability is also being considered.

The Veteran's TDIU claim has been granted effective February 28, 2015. His service-connected disabilities are found to be sufficient to render him unable to obtain and maintain any form of substantially gainful employment.

The Veteran's TDIU is granted with an effective date prior to December 19, 2009. The earlier claim for service connection for depression was considered and found to meet the schedular requirements for a TDIU.

The Veteran's service-connected diabetes mellitus is found to have aggravated his currently diagnosed neurological disability of the bilateral upper extremities, including carpal tunnel syndrome and peripheral neuropathy. As such, the Board grants service connection for these disabilities.

The Veteran's claims for increased ratings were granted, with the effective date being determined by the Court's remand. The Veteran was assigned a rating of 30 percent for right upper radiculopathy from August 24, 2017 onwards.

The Veteran seeks service connection for a lumbar spine herniation at L5-S1, with bilateral lower extremity radiculopathy. The Board has determined that additional development is needed to properly address the issue.

The Board has determined that the Veteran's radiculopathy of the bilateral lower extremities is secondary to his service-connected lumbar spine disability, and thus grants service connection for this condition.

The Veteran's claim for a higher rating for his service-connected low back disorder and TDIU rating were both denied by the Board.

The Veteran's service-connected disabilities have precluded him from obtaining and maintaining a substantially gainful occupation since July 20, 2010.

The Veteran's appeal of the issues related to cervical spine disorder, headaches, left lower extremity sciatica, ulnar nerve disorder, right ear hearing loss; increased ratings for depression, left varicocele, right lower extremity muscle atrophy and sciatica, low back pain syndrome with grade 1, L5-S1 spondylolisthesis, and; an earlier effective date for service connection for right lower extremity muscle atrophy and sciatica has been withdrawn due to the award of TDIU effective from November 1, 2009.

The Board found no evidence of a current disability and determined that the Veteran's neck/cervical spine disorder, to include possible upper extremity radiculopathy, is not related to service.

The Veteran's service-connected disabilities have rendered her unable to secure and follow substantially gainful employment since July 5, 2016.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting TDIU.

The Veteran's claims for service connection and increased rating were denied. The claim to reopen was also denied, as the new evidence did not raise a reasonable possibility of substantiating the claims.

The Board has granted service connection for left knee osteoarthritis and remanded the issue of an initial compensable rating for bilateral hearing loss. The Veteran's other claims have been dismissed due to his withdrawal.

The Veteran's combined rating was determined to be 90 percent, effective November 14, 2011. The Board found that the current ratings were accurate and an increased rating is not warranted.

The Veteran's degenerative joint and disc disease of the lumbar spine is currently rated at 40 percent since May 21, 1991. The Veteran's left lower extremity sciatica was initially rated as non-compensable prior to October 11, 2002, but has been rated at 10 percent since that date.,The Veteran's degenerative joint and disc disease of the lumbar spine is currently rated at 40 percent. The Veteran's left lower extremity sciatica was initially rated as non-compensable prior to October 11, 2002, but has been rated at 10 percent since that date.

The Board finds the evidence is evenly balanced as to whether the Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, thus granting a TDIU.

The Veteran's service-connected disabilities, including radiculopathy of the right upper extremity, degenerative disc disease of the cervical and lumbar spine, tinnitus, and hearing loss, do not meet the schedular criteria for TDIU prior to June 3, 2013. The Board finds that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities as of that date.

The Board finds that the evidence is in equipoise on whether the Veteran has radiculopathy caused by his service-connected lumbar spine disability, and thus grants service connection for this condition based on secondary causation.