Radiculopathy & sciatica Board decisions

The Board has remanded the Veteran's claim for further examination to determine if his scoliosis with kyphosis of the thoracic spine is related to service, and whether it arose from a congenital defect or a disease capable of aggravation.

The Veteran's service-connected low back disability and associated radiculopathy are being remanded for further examination and development. The TDIU claim is also being remanded due to the need for additional information regarding his employment status.

The Board has granted service connection for cervical spine degenerative disc disease, status post fusion and bilateral upper extremity radiculopathy (claimed as bilateral hand numbness) as secondary to service-connected cervical degenerative disc disease.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for new examinations to assess the severity of his service-connected depressive disorder, diabetic neuropathy affecting lower extremities, and overall disability rating.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that a higher rating is not warranted due to lack of unfavorable ankylosis or incapacitating episodes.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, and he seeks a higher rating. The Board has found the VA examination inadequate for rating purposes due to an inaccurate factual premise and remanded for further evaluation.

The Veteran's service-connected disabilities, including diabetes and multiple types of peripheral neuropathy, have rendered him unable to secure or follow substantially gainful employment as of December 20, 2016. The Board finds that the combined effect of his physical and psychiatric conditions has made it impossible for him to engage in any form of substantial gainful employment.

The Veteran's TDIU claim is denied prior to January 1, 2008. The cervical spine and radiculopathy claims are remanded for additional examinations.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, bilateral lower extremity radiculopathy, and an acquired psychiatric condition (unspecified depressive disorder) as secondary to the Veteran's service-connected lumbar and cervical disabilities. The decision is based on evidence showing continuity of symptomatology since service.

The Board denied the Veteran's earlier effective date claims for TDIU and DEA, finding that his service-connected disabilities did not meet the schedular criteria for a TDIU or DEA at any time prior to February 1, 2013.

The Veteran's major depressive disorder has been granted a maximum 100 percent disability rating effective December 3, 2013.,A total disability rating based on individual unemployability due to major depressive disorder was also granted.

The Veteran's appeals for increased ratings have been dismissed due to their death.

The Board has granted an earlier effective date for TDIU from July 31, 2012. The decision finds that the Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment as of this date.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran is not entitled to an increased rating greater than 20 percent for his service-connected lumbar spine arthritis prior to December 21, 2015 but is entitled to a 20 percent disability rating from December 21, 2015 and a 20 percent disability rating for left lower extremity radiculopathy. The Veteran's claim for TDIU was also denied.

The Board has remanded the claims for additional evidence and readjudication.

The Veteran withdrew his claims for service connection for PTSD and dysthymic disorder (claimed as sleep disturbances). The Board has remanded the remaining issues including increased ratings for lower extremity radiculopathy, intervertebral disc syndrome, and a TDIU.

The Board has found that additional development is needed for the issues on appeal, including obtaining treatment records and scheduling VA examinations to evaluate the Veteran's spine disability and address service connection claims.

The Board has decided to remand the claims for service connection for low back disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient consideration of the Veteran's service treatment records from August 1973.

The Veteran's service-connected disabilities, including adjustment disorder and multiple musculoskeletal conditions, are found to be so severe that they render him unable to secure or follow substantially gainful employment.