Radiculopathy & sciatica decisions — 2007

The veteran's claims for increased evaluations for his postoperative residuals of a herniated disk L5-S1 and left radiculopathy are being remanded due to the need for additional examinations.

The Board has remanded the veteran's claims for separate ratings for her back disability and service connection for depression due to pending VA examinations.

The Board found that the appellant's cervical spine degenerative disc disease, right and left cervical radiculopathy do not meet the schedular criteria for higher ratings under the applicable diagnostic codes.

The Board has determined that the veteran's service connection claim for degenerative joint disease of the cervical spine with radiculopathy is granted.

The Board has remanded the case for further development due to incomplete medical records and a need for additional examinations.

The Board has denied the veteran's claims for service connection for cervical joint disease, right arm radiculopathy, left arm radiculopathy, and hypertension as they are not related to his military service or a service-connected condition.

The veteran's low back disability and right lower extremity radiculopathy are currently rated at the maximum allowable under VA regulations, with no additional rating granted.

The VA has determined that the veteran's left upper and lower extremity disabilities do not warrant evaluations in excess of 20 percent.

The veteran's service-connected disabilities (Generalized Anxiety Disorder, Major Depressive Disorder, PTSD, Degenerative Disc Disease of the Cervical Spine, Radiculopathy of the Left Shoulder/Arm, Headaches, Hypertension, and Corneal Abrasion of the Right Eye) meet the criteria for a TDIU due to their combined 80% disability rating.

The Board has granted a total disability rating for compensation purposes based on individual unemployability due to the veteran's service-connected disabilities, including lumbar disc disease with right side sciatica and diabetes mellitus. The veteran is precluded from obtaining and maintaining any form of gainful employment consistent with his education and occupational experience.

The veteran's appeals for evaluations of his right lower extremity radiculopathy, left lower extremity radiculopathy, and low back strain with disc herniation have been dismissed due to the appellant requesting withdrawal of these issues.

The veteran's appeal is being remanded to the RO for further development, including scheduling a hearing before a Veterans Law Judge.

The Board has determined that the veteran's service-connected duodenal ulcer with chronic hiatal hernia contributed to his death, and thus grants service connection for cause of death.

The Board has reopened the veteran's claim of service connection for a right knee disability. The case is now remanded to determine if the lumbar spine and lower extremity disabilities are secondary to the service-connected left knee disability.

The Board has determined that the veteran's currently diagnosed low back disorder, including DDD and recurrent back strain, was neither incurred in nor aggravated by active military service. The claim is denied.

The veteran's appeal is being remanded for additional development to determine the current nature and extent of his service-connected lumbar spine and thoracic spine disabilities.

The Board has remanded the case for additional development, including obtaining VA clinical records and scheduling a VA examination by a board-certified neurologist to address whether memory loss is related to service-connected heart surgery. The veteran's claim of entitlement to an increased rating for degenerative disc disease with compression fracture at L1/L2 remains on appeal.

The Board has determined that the veteran's low back disorder, including lumbosacral strain with degenerative disk disease and sciatica, is attributable to service. As a result, the claim for service connection is granted.

The Board denied the veteran's claims for an initial disability rating greater than 10 percent for left lower extremity radiculopathy and entitlement to TDIU, finding that his service-connected disabilities did not meet the criteria for a higher rating or TDIU based on their combined effect.

The veteran's appeal is remanded for additional development, including obtaining VA medical records and scheduling orthopedic and neurologic examinations to assess the severity of his service-connected low back disability.