Radiculopathy & sciatica decisions — 2009

The Veteran's service-connected intervertebral disc disease of the lumbosacral spine is currently rated at 40 percent, and he meets the schedular criteria for a TDIU based on his combined disability rating.

The Veteran's claim for an increased evaluation in excess of 40 percent for her service-connected lumbar spine herniated discs at L4-S1 with radiculopathy is being remanded due to the need for additional development, including a VA examination.

The Board denied the Veteran's claim for an earlier effective date of May 1, 1985 to January 30, 1989 for a permanent and total disability rating for pension purposes.

The Board has ordered a remand due to incomplete service treatment records and the need for a VA examination. The Veteran's claim for service connection for residuals of a low back injury, including radiculopathy, is being returned to the RO/AMC for further action.

The Veteran's claim for an increased evaluation of her service-connected degenerative disc disease of the lumbar spine with bilateral sacroiliitis was denied. The Board found that her disability picture did not meet or approximate the criteria for a higher initial rating under the applicable VA Rating Schedule. Her radiculopathy of the right lower extremity, which is not currently service-connected, remains unresolved.

The Board has determined that the Veteran's low back disability is service-connected, but his right lower extremity radiculopathy claim is denied.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claims for service connection for back disability, gastroesophageal reflux disease (GERD), and radiculopathy of the right lower extremity. The claims are therefore denied.

The Veteran's death was caused by his service-connected gunshot wound residuals, which led to a sedentary lifestyle and ultimately contributed to the development of arteriosclerotic heart disease. The September 16, 1947 rating decision that reduced his disability evaluation from 100% to 80% is found to contain CUE due to its failure to consider the Veteran's unemployability.

The Board has determined that the Veteran does not have sciatica, and his right and left shoulder disorders are diagnosed as AC joint arthritis which had onset during service. The Board denied all other claims for service connection.

The Board denied service connection for cervical spine radiculopathy and thoracic spine condition. The Veteran's request to reopen the claim for cervical spine radiculopathy was denied as new evidence did not raise a reasonable possibility of substantiating his claim. Service connection for thoracic spine condition was also denied due to lack of current diagnosis.

The Veteran's service-connected low back disability was denied a higher rating, with the RO finding that it did not meet the criteria for a rating in excess of 40 percent on and after November 24, 2004.

The Veteran's combined disability rating is 80%, but his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's left lower lumbosacral radiculopathy is rated as 10 percent disabling effective January 24, 2006.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for lumbosacral radiculopathy allegedly caused by VA treatment, but the claim must be remanded due to insufficient evidence and missing records.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the relationship between the appellant's cervical spine disability and his service-connected lumbar spine disability.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claims for service connection.

The Board has granted service connection for a back disorder and increased ratings for cervical radiculopathy of the upper extremities. The Veteran's back disorder is found to be related to his fall in service, while the cervical radiculopathy issues are addressed based on their current manifestations.

The Veteran's low back disability and sciatica of the left lower extremity are related to his military service, either on a direct or secondary basis.,The Veteran does not have current bilateral hearing loss or tinnitus disabilities.

The Board denied the Veteran's claims for increased ratings for his left ankle and low back disabilities, finding that the current schedular criteria adequately described his disability levels.

The Board has determined that the Veteran does not have a current diagnosis of lumbar degenerative disc disease, right lower extremity radiculopathy, or bilateral foot disorder that is causally related to his military service. As such, the claims for service connection are denied.