Radiculopathy & sciatica decisions — 2007

The veteran is found to be permanently and totally disabled due to his nonservice-connected disabilities, including anxiety disorder, lumbar spine issues, radiculopathy, and a right eye disorder. The decision grants the veteran a permanent and total disability rating for pension purposes.

The VA denied a higher initial rating for the veteran's service-connected lumbar spine disability, finding that his symptoms did not meet criteria for a higher rating under the applicable schedular criteria.

The veteran's appeal is being remanded for additional development, including proper VCAA notice and a contemporaneous VA examination.

The veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling examinations to assess the severity of his service-connected low back and lower extremity disabilities.

The veteran's service-connected lumbar disc disease with degenerative joint disease and sciatica is currently rated at 10 percent, reflecting moderate functional impairment. The Board denied a higher rating.

The veteran withdrew his appeal for an evaluation in excess of 20 percent for service-connected cervical strain, status post avulsion fracture of the cervical spine. The TDIU issue remains.

The veteran's appeal is being remanded for additional development due to conflicting medical evidence and the need for a comprehensive VA examination.

The veteran's claims for service connection for degenerative joint disease of the thoracic spine, arthritis of the right hand, and arthritis of the right elbow were denied. The remaining issues are not addressed in this decision.

The Board has remanded the case due to insufficient evidence regarding the frequency and duration of attacks of postoperative residuals of a HNP with radiculopathy, specifically incapacitating episodes requiring bed rest prescribed by a physician during a 12-month period. The veteran is requested to provide additional medical records from November 2005 to the present time at the Holmes Regional Medical Center Pain Clinic and Brevard VA Clinic.

The Board denied the veteran's claims for increased ratings for low back strain, hiatal hernia, and residuals of tonsillectomy. The veteran's low back disability is currently rated at 40 percent, which is the maximum rating available under the old criteria. The hiatal hernia is rated at 10 percent. Residuals of the tonsillectomy are not shown.

The veteran's appeal is being remanded for further development, including a VA examination to assess the impact of her service-connected disabilities on her employment capabilities.

The veteran is seeking an earlier effective date for a higher disability evaluation of his service-connected low back disorder. The RO has not yet addressed the issue and needs to provide proper VCAA notice.

The veteran's appeal is remanded for additional development, including a neurological examination to assess the severity of his right sciatic neuropathy.

The Board has determined that an examination is needed to verify the current severity of the veteran's service-connected low back disability and associated radiculopathy. The case will be returned for further action.

The veteran's service-connected lumbar paravertebral myositis with clinical right L4, L5, S1 radiculopathy is currently rated at 40 percent and the claim for an increased rating has been denied.