Radiculopathy & sciatica decisions — 2009

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected low back disability. The case will be reconsidered with consideration of all evidence of record.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has determined that the Veteran's bilateral radiculopathy, claimed as a disorder of the knees, legs and hips, is not proximately due to or the result of his service-connected lumbosacral strain disability.

The Veteran's radiculopathy of the left upper extremity is currently rated at 20 percent, and his radiculopathy of the right lower and left lower extremities are both rated at 10 percent. The claims for higher evaluations remain denied.

The Veteran's service-connected disabilities result in a need for aid and attendance, which meets the criteria for SMC based on aid and attendance. The Veteran does not meet the criteria for housebound status.

The Veteran's appeal is remanded due to the need for additional examinations and records, including VA treatment records and Social Security Administration (SSA) disability benefits records.

The Board denied the Veteran's claim for an increased rating for his service-connected lumbar spine disability, currently rated at 40 percent.

The Veteran's claim for an increased rating for lumbosacral strain with sciatica was denied. The claim to reopen the service connection for arteriosclerotic cardiovascular disease with myocardial infarction was also denied, as new and material evidence had not been received since a previous denial in 1988. The Veteran's claim for service connection for basal cell carcinoma was denied.

The Veteran's left shoulder disability, which is service-connected and not related to any exposure basis or presumption, has been rated at 20 percent. The Board found that the current rating of 20 percent does not adequately reflect the severity of his condition, specifically noting moderate impairment in motion and weakness. Therefore, a higher 40 percent rating was granted.

The Veteran's service-connected residuals of lumbosacral injury have been rated at 20 percent since the effective date of service connection. The current range of motion does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected lumbosacral strain and left lower radiculopathy disabilities.

The Veteran's claim to reopen service connection for a right ankle disorder is granted. However, the Board finds that additional development of evidence is required before addressing the merits of his service connection claim.

The Veteran's appeal for an increased rating for his right shoulder disability and service connection for a secondary condition related to his right arm radiculopathy with hand weakness have both been denied by the RO.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting a VA examination to assess the current severity of his service-connected disabilities.

The Veteran's appeal is being remanded for scheduling a hearing before a Decision Review Officer at the RO.

The Veteran's appeal involves multiple issues including service connection for lower extremity radiculopathy, a psychiatric disorder, and increased ratings for her lumbar spine, left foot, and right foot disabilities. The case is being remanded to obtain additional evidence and provide appropriate VA examinations.

The Board has determined that the appellant's lumbar spine disability warrants a rating of 60 percent, effective from the date of the initial claim.

The Veteran's service-connected PTSD, along with other disabilities, has rendered him unable to secure or follow a substantially gainful occupation. The Board agrees and grants the TDIU.

The Veteran's claim for an increased rating for his service-connected low back disorder was denied. The VA determined that the current symptomatology did not warrant a higher rating than 40 percent.

The Board found that peripheral neuropathy of the right lower extremity and feet was not incurred in or aggravated by service, and is not proximately due to a service-connected disability.