Radiculopathy & sciatica decisions — 2008

The veteran's adjustment disorder with mixed emotion, anxiety and depression was rated at 30 percent, and the claim for a total disability rating based on individual unemployability (TDIU) was granted.

The appeal is remanded for a new VA examination to reconcile the November 2004 and March 2006 VA examination findings.

The veteran's service-connected left and right wrist carpal tunnel syndrome, healed rotator cuff tear right shoulder with residuals of subacromial bursitis, and arthritis thoracolumbar spine (claimed as degenerative disc disease lumbar spine with left side radiculopathy) do not warrant ratings in excess of 10 percent.

The veteran's initial rating for his low back disability was denied, but a separate 10 percent rating was granted for associated left lower extremity radiculopathy.

The appeal is remanded for the purpose of scheduling a Travel Board hearing before a Veterans Law Judge.

The Board has determined that additional development is needed to properly evaluate the veteran's lumbar spine disability and radiculopathy of the right leg. This includes obtaining updated medical records, scheduling a VA examination, and considering both old and new rating criteria.

The Board has determined that the appellant's current diagnosis of degenerative disc disease of the lumbar spine is related to an injury in service, and thus service connection for residuals of a back injury, including sciatica and degenerative disc disease of the lumbar spine, is granted.

The veteran's case is being remanded for further development, including obtaining recent VA treatment records and a new examination to assess the impact of his service-connected lumbar spine disorder on his employability. The TDIU claim will be readjudicated after these issues are resolved.

The Board has reopened the veteran's service connection claim for a cervical spine/upper back disorder, but further development is needed to address the merits of the claims and provide proper VCAA notice.

The veteran's appeal is remanded due to the need for additional medical records and a VA examination. The issues of service connection for left shoulder tear, cervical radiculopathy, and cervical myositis are being reviewed.

The Board denied the veteran's claims for service connection for infertility, major depressive disorder secondary to infertility, and left S1 radiculopathy, lumbar myositis, grade I spondylolisthesis, L5-S1, with associated bilateral spondylsosis, degenerative joint disease of the lumbar spine. The Board found no evidence linking these conditions directly to service or to exposure to radiation.

The Board has determined that additional development is needed to properly evaluate the veteran's lumbar spine disability and radiculopathy of the right leg. This includes obtaining updated medical records, scheduling a VA examination, and considering both old and new rating criteria.

The Board has denied the veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine, finding that no valid claim was filed prior to February 5, 2003.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, asbestosis, chronic sinusitis, and a low back disorder due to lack of evidence linking these conditions to his military service.

The veteran's service-connected surgical scar with neuroma affecting the supraspinatus nerve of the left shoulder and C5 radiculopathy is currently rated at 10 percent, which is the maximum schedular rating available for this condition.

The Board has remanded the case for further development, including a VA examination and consideration of whether to refer the claim to the Director, Compensation and Pension Service for extra-schedular consideration.

The veteran's appeal is being remanded for further medical examination and development of his claims, including service connection for bilateral lower extremity radiculopathy.

The Board has granted service connection for left-sided sciatica, but denied service connection for right-sided sciatica.

The Board has determined that the veteran's service-connected cervical spine disability and right upper extremity radiculopathy do not warrant higher evaluations under the applicable rating criteria.

The Board has determined that the veteran's current lumbar spine disability is not related to his active service and denied his claim for service connection.