Radiculopathy & sciatica decisions — 2009

The Board denied service connection for residuals of a shell fragment wound of the neck, arthritis of bilateral shoulders, and numbness and tingling of bilateral arms, hands, and fingers. The Veteran did not sustain a shell fragment wound to his neck during service, and there is no evidence of current disability related to this injury. The Board also found that the arthritis of the shoulders was not shown during service or for many years thereafter, and the numbness and tingling were due to bilateral upper extremity radiculopathy and carpal tunnel syndrome.

The Board denied the Veteran's claims for service connection for a low back disorder, reopening of his PTSD claim, TDIU, and entitlement to an effective date earlier than February 25, 2000 for additional compensation for a dependent spouse. The claim for an effective date earlier than February 25, 2000 for additional compensation for a dependent child was denied due to lack of adequate documentation.

The Board has remanded the case for further development, including scheduling a VA examination and providing VCAA notice.

The Veteran's claim for service connection of DJD of the left arm was denied as there is no evidence showing that he has this condition due to his military service. The issue of an increased evaluation for cervical spine disability remains on appeal.

The Veteran's claims for service connection for muscle atrophy of the right thigh, sciatic nerve and posterior left thigh disorder, and loss of stability of the cruciate ligament, left knee were denied as these conditions are not considered to be directly related to his active service or secondary to a service-connected condition.

The Veteran's appeal is being remanded for further development of the record, including obtaining additional private treatment records and scheduling VA examinations to assess his service-connected disabilities.

The Veteran's right lower extremity sciatica is manifested by a disability picture consistent with no more than moderately severe incomplete paralysis, warranting the current 40 percent rating.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his employment as a farmer.

The Veteran's cervical spine disability is granted as service connected. The Veteran's lumbosacral myositis with radiculopathy is rated at 40 percent since July 8, 1998.

The Board has remanded the case for further development due to a lack of communication with the Veteran's representative.

The Veteran's service-connected disabilities, including bilateral hearing loss and multiple knee replacements, render him unemployable.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule the Veteran for a VA examination to assess his service-connected cold injury of the left foot and any right leg condition. The issues on appeal are whether he should receive an increased rating for his service-connected cold injury of the left foot, and whether he should be granted service connection for his claimed right leg condition.

The Veteran's current bilateral upper extremity radiculopathy is related to a service-connected disability, and the Board has granted service connection for this condition.

The Veteran's service-connected lumbosacral strain was granted a disability rating of 20 percent, effective as of December 10, 2008. His right leg radiculopathy continues to be rated at 10 percent.

The Veteran's service-connected disabilities (lumbar degenerative disc disease, depression, left hip bursitis, and radiculopathy of the lower extremities) preclude her from obtaining and retaining all forms of substantially gainful employment consistent with her education and work experience.

The Veteran's left lower extremity radiculopathy is rated at 20 percent, while the right lower extremity radiculopathy remains at 10 percent.

The VA determined that the Veteran's sacroiliac strain with acute sciatica does not meet or approximate the criteria for a higher disability rating than currently assigned (40 percent). The RO found no evidence of unfavorable ankylosis, incapacitating episodes, chronic neurological pathologies such as bowel or bladder impairment, or other conditions warranting a higher rating.

The Veteran's claim for an increased rating for his service-connected lumbar spasms of the erector spinal muscles was granted, effective November 30, 2004. The appeal is not about service connection at all.

The Board has remanded the case for further development, including proper VCAA notice and readjudication of both issues.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of the Appellant's lumbar disorder.