Radiculopathy & sciatica decisions — 2008

The veteran's claim for an increased evaluation of her service-connected low back strain with radiculopathy and spondylosis is being remanded due to the need to associate relevant VA records, obtain Social Security Administration (SSA) disability benefits records, schedule a VA orthopedic examination, and provide amended VCAA notice.

The veteran's appeal is being remanded due to the need for additional development, including new VA examinations and VCAA notice letters.

The veteran's additional physical disability, including right C5-6 cervical radiculopathy and psychiatric disorder, is not deemed to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA. The Board finds that there was no event not reasonably foreseeable.

The veteran's service-connected radiculopathy of the right and left legs are each rated at 10 percent prior to December 13, 2007. Effective on that date, a 20 percent rating is granted for each leg.

The veteran's appeal involves his cervical spine disability, including a claim for an earlier effective date and TDIU. The Board has determined that additional development is needed due to the complexity of the issues.

The Board has determined that the veteran's service-connected chronic lumbosacral strain with degenerative changes warrants a 10 percent rating, and his mild incomplete paralysis of the sciatic nerve of the right leg warrants a separate 10 percent rating. The veteran is not entitled to higher ratings based on incapacitating episodes or other criteria.

The veteran's service-connected disabilities alone do not prevent him from obtaining substantially gainful employment.

The VA determined that the veteran does not have a right leg disorder, including sciatica, attributable to service.

The Board has remanded the case due to a need for additional evidence and examination, including VCAA compliance.

The evidence received since the RO's April 2001 denial of service connection for herniated nucleus pulposus at L5-S1 with left L5 radiculopathy does not raise a reasonable possibility of substantiating service connection for such a disability.

The veteran's claims for increased ratings for his service-connected low back disorder and resulting radiculopathy are being remanded to obtain additional evidence.

The veteran's appeal for service connection claims for chronic pulmonary disease and left ventricular hypertrophy, as well as an increased rating claim for scar status post laceration of the right hand, were withdrawn. The remaining issues resulted in no change to the ratings assigned.

The Board denied the veteran's claim for service connection for a low back disorder as new and material evidence was not submitted, and also denied increased ratings for a scar on the left foot and bilateral hearing loss.

The Board granted a 20 percent evaluation for the residuals of right ankle sprains, finding that the evidence established marked limitation of motion with additional functional impairment.

The Board denied the veteran's claim for service connection for degenerative disc disease of the lumbar spine, with right S-1 radiculopathy, as there was no evidence that a current disorder was related to his military service.

The Board remands the claims for an initial rating in excess of 10 percent for sciatica of the right and left lower extremities to allow for a more thorough examination.

The veteran has withdrawn his appeal for a higher disability rating for his service-connected low back disability.

The Board denied a rating greater than 20 percent prior to October 7, 2007, and denied a rating greater than 40 percent since that date for the veteran's lumbosacral strain with DJD and DDD. However, the Board granted a separate 10 percent rating for right-sided radiculopathy effective from December 4, 2003.

The Board remands the case to the agency of original jurisdiction for additional development, including obtaining a VA examination.

The appeal was remanded for further evidence regarding the existence of a neurological deficit and its cause, specifically related to the left lower extremity.