Radiculopathy & sciatica Board decisions

The Board has decided to remand the case for additional development, including a VA examination and completion of a VA Form 21-8940. The Veteran's service-connected back conditions are expected to impact his ability to work.

The Board has determined that the Veteran's current back disability is related to his in-service injury, and thus service connection for a chronic back disability is granted.

The Board has denied the Veteran's claims for service connection for diabetes, toe disability, psychiatric disorder, left lower extremity sciatic condition, right lower extremity sciatic condition, and fibromyalgia.

The Veteran's low back disability and associated radiculopathies are currently rated at the highest available schedular rating, with separate ratings for each lower extremity. The appeal is denied as there is no evidence of unfavorable ankylosis or IVDS that would warrant a higher rating.

The Board found insufficient evidence to rebut the presumption of soundness at service entrance, and thus denied the Veteran's claim for service connection as his back condition is considered to have been present prior to service.

The Veteran's chronic low back syndrome and right and left lower extremity lumbar radiculopathies are not currently rated higher than the current assigned ratings.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's service-connected disabilities, including major depression, left and right lower extremity compartment syndrome with peripheral neuropathy, lumbar degenerative joint disease with intervertebral disc syndrome (IVDS) involving both sciatic nerves, right and left heel retrocalcaneal bursitis, a right eyebrow scar, bilateral leg scars, and erectile dysfunction, are found to be of sufficient severity to require the need for assistance with his activities of daily living. The Board grants SMC based on the regular need for the aid and attendance of another person.

The Veteran's appeals for increased disability ratings have been withdrawn, and the cases are dismissed.

The Veteran's service-connected disabilities have rendered him unemployable since August 25, 2010.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's initial disability rating for his lower back disability has been granted at a 40 percent, effective from the date of the decision. For the periods prior to June 3, 2010, and beginning October 1, 2010, he is also rated with moderately severe incomplete paralysis of the sciatic nerve affecting the left lower extremity.

The Board has determined that additional development is needed before the claims on appeal can be decided, including obtaining a missing medical opinion and scheduling VA examinations for the Veteran's low back disorder, knee disability, foot disability, and sciatica.

The Board has determined that the Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation.

The Veteran's lumbar degenerative disc disease and right lower extremity radiculopathy are found to be aggravated by his service-connected left and right knee chondromalacia patellae. His hypertension is currently rated at 10% since June 13, 2008.

The Veteran's radiculopathy of the upper extremities is not shown, and his right leg radiculopathy has only mild symptoms. The left leg radiculopathy also has only mild symptoms.,The Veteran does not have a current disability for which he can be granted service connection.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and private treatment records. The issues of increased ratings for the low back disability and left L5-S1 radiculopathy are still pending.

The Veteran's low back disability is currently rated as 40 percent disabling. The claim for a higher rating has been denied.,Effective May 28, 2008, the criteria are met for a rating of 20 percent for radiculopathy of the right lower extremity and effective February 25, 2016, for a rating of 20 percent for radiculopathy of the left lower extremity.,The Veteran's TDIU claim is addressed in the REMAND portion of the decision below and is REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran's service-connected disabilities were as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment starting from December 5, 2014, forward. However, he was able to secure and follow a substantially gainful occupation prior to that date.