Radiculopathy & sciatica decisions — 2009

The Board has remanded the Veteran's claims for tinnitus and sciatica to allow for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's claim for service connection for a lumbar spine disorder with bilateral radiculopathy of the lower extremities is being remanded due to the need for a VA examination.

The Veteran's claim for increased ratings for lumbar radiculopathy of the lower extremities was granted, with a rating of 40 percent for each condition. The claim for an increased rating for lumbar disc herniation remains pending.

The Veteran's service-connected residuals of a lumbosacral strain and cervical strain have been rated at 40 percent each since September 10, 2002. The Board found that the current evaluations are appropriate based on the severity of his symptoms.

The Veteran's service-connected disabilities render him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his left shoulder disability, as there was no limitation of motion to 25 degrees from the side.

The Veteran's service-connected lumbar radiculopathy is granted and he is assigned a 20 percent rating for his residuals of compression fracture of the lumbar spine.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded due to the need for additional records and notification.

The Veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 10 percent for lumbosacral strain prior to March 1, 2007 or from March 1, 2007 through November 2, 2008, and denied his claim for increased ratings. The Veteran's radiculopathy was rated at a 10 percent disability rating effective as of June 1, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and providing the Veteran with new VA examinations to address his claims.

The Veteran's lumbosacral spine disability was granted with a 20% evaluation from November 17, 2005 to April 9, 2008. From April 10, 2008, the Veteran is entitled to a 40% evaluation for his service-connected lumbosacral spine disability.

The Veteran is seeking service connection for right lower extremity radiculopathy, left lower extremity radiculopathy (claimed as bilateral leg pain), and bilateral hip disabilities. These claims are being remanded to obtain a VA examination and review of the medical records.

The Board has remanded the case for additional development, including obtaining SSA records and any other necessary development. The Veteran's claim of entitlement to service connection for a low back condition with radiculopathy will be reconsidered based on the newly obtained evidence.

The Board found that the Veteran's current complaints of hand cramping are related to pre-existing conditions such as carpal tunnel syndrome, ulnar neuropathy, and cervical spine radiculopathy, which are not service-connected. The chronic disability of cramps in the neck, feet, and legs is also not shown.

The Board has granted service connection for CIDP and assigned a rating of 30 percent, effective from the date of separation. The claim for an increased rating for sleep apnea remains denied. The issue of TDIU is also addressed.

The Board found that the Veteran's chronic right ankle sprain is not related to service and denied his claim for service connection.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal is being remanded for a videoconference hearing at the RO to address his claims of increased disability ratings for right and left knee patellofemoral pain syndrome, as well as carpal tunnel syndrome in both wrists.

The Veteran's service-connected disabilities prevent him from successfully achieving his chosen vocational goal of obtaining a Master's degree in teaching, and it is not reasonably feasible for him to do so.