Radiculopathy & sciatica decisions — 2010

The Veteran withdrew from appeal the claim for a compensable rating for bilateral hearing loss. The case is remanded for further development regarding the claim of entitlement to a rating in excess of 10 percent for carpal tunnel syndrome, right hand.

The Board found no evidence of a current left hip disorder and concluded that the appellant's low back disorder with lower extremity radiculopathy is not related to her service. The claim for these conditions was therefore denied.

The Veteran's claims for increased ratings for his low back disability, acquired equinus of both feet, and radiculopathy of the right lower extremity are being remanded due to a lack of recent VA examination records and potential need for further development.

The Veteran's claims for increased ratings for right ankle sprain, right knee strain with arthritis, and lumbosacral arthritis and sacroiliac dysfunction with right radiculopathy were denied. The RO found that the Veteran did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Veteran's claim for TDIU is being remanded due to the need for a new VA examination and medical opinion regarding his ability to secure and follow substantially gainful employment.

The Board denied earlier effective dates for the grants of service connection on multiple conditions and did not assign initial ratings in excess of certain disability levels.

The Veteran's combined rating for the right sciatic nerve partial paralysis and right thigh gunshot wound residuals is 60 percent, which is the maximum schedular rating available. The claim for increased ratings are denied as he is already receiving the highest possible rating under the applicable criteria.

The Board has remanded the case due to insufficient examination and lack of clarity in the current medical opinion. A new VA spine examination is required to determine if a thoracic spine condition exists, its relationship to service or any service-connected disabilities, and whether sciatica is present.

The Board has remanded the case due to failure to provide proper notice and scheduling for a Travel Board hearing.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for herniated lumbar disc with radiculopathy, chronic tinea pedis (claimed as jungle rot), and pseudofolliculitis barbae. As such, these claims remain denied.

The Veteran requires regular assistance with certain activities of daily living, including bathing, dressing, eating, food preparation, transportation, and handling of his financial affairs due to service-connected cervical stenosis, right arm and left hand radiculopathy associated with cervical stenosis, and right leg radiculopathy associated with cervical stenosis. The Board has determined that the Veteran is in need of regular aid and attendance.

The Veteran's service-connected back disability is currently rated at 40 percent, and his radiculopathy of the lower left extremity is rated at 10 percent. The Board has determined that these ratings are appropriate.

The Veteran's appeal for a disability evaluation in excess of 40 percent for degenerative arthritis of the lumbar spine with kyphosis has been withdrawn. The remaining issues have not yet been decided.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative joint disease with herniated nucleus pulposus and radiculopathy, is related to her fall during basic training in service. As such, the claim for service connection is granted.

The Veteran's service-connected left hand impairment is associated with cervical nerve root injury at C8-T1, and he has been granted a 50% rating for this condition. The Board also found that the Veteran does not have current carpal tunnel syndrome or loss of use of his left hand.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issue remains whether he should receive a disability rating greater than 20 percent for his left lower extremity radiculopathy.

The Veteran's claim for an earlier effective date for the grant of service connection for radiculitis and sciatica of the right lower extremity is denied as he did not submit a formal or informal application prior to January 22, 2004.

The Veteran withdrew his appeals for all issues except one, which was dismissed due to withdrawal.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration and U.S. Postal Service records, as well as VA treatment records.

The Board has determined that the Veteran's service-connected cervical spine disability warrants a 30 percent rating, reflecting severe limitation of motion.