Radiculopathy & sciatica decisions — 2010

The Veteran's service-connected right elbow, shoulder and wrist disabilities are being remanded for additional examination to determine their current severity.

The Veteran has withdrawn his appeal for increased ratings for residuals of a back injury and radiculopathy of the left lower extremity.

The Veteran's claims for increased ratings, service connection, and TDIU are being remanded due to the need for additional examinations and development of records.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if the Veteran's cervical radiculopathy is related to service and whether he is unemployable due to his service-connected disabilities.

The Veteran's claim for service connection for PTSD was denied due to lack of verified stressor event. The claim for an increased rating for his back disability was also denied.

The Veteran's service-connected chronic lumbar strain is currently rated at 20 percent, and a separate rating of 10 percent for S1 radiculopathy of the right lower extremity has been granted.

The Veteran's right lumbar radiculopathy was initially rated at 10 percent prior to January 28, 2009. After a review of the evidence, including VA treatment records and examination results, the Board determined that his symptoms warranted a 40 percent rating from January 28, 2009 onwards.

The Veteran's claim for an increased evaluation of his degenerative arthritis of the lumbosacral spine with pain and radiculopathy was denied. His current combined disability rating is 50 percent, which does not meet the criteria for a higher evaluation.

The Veteran's claim for an increased evaluation for his service-connected degenerative intervertebral disc disease of the lumbar spine and left lower extremity radiculopathy is being remanded due to incomplete development. The VA needs to schedule a new examination, obtain relevant medical records, and consider both old and new rating criteria.

The Veteran's claim for service connection for a cervical spine disability and fatigue is being remanded due to the need for clarification of the medical opinion regarding causation.

The Board has determined that the Veteran's lumbar spine stenosis and radiculopathy are causally related to service, including as secondary to his service-connected left knee condition. As a result, the claim for service connection is granted.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment given his work history and educational background, with all reasonable doubt resolved in favor of the Veteran.

The Board denied the appellant's claims for service connection for a left shoulder disability, cystic fibrosis in the breast, and bilateral radiculopathy of the upper extremities. The claim for increased rating for sinusitis was also denied. The claim for compensable rating for status post left tympanic membrane operation (claimed as cholesteatoma) and left ear hearing loss were not addressed due to a separate issue with cystic fibrosis in the breast.

Throughout the rating period on appeal, the neurologic manifestations of the Veteran's left leg radiculopathy involve no more than mild incomplete paralysis of the sciatic nerve of the left lower extremity. The Board finds that the criteria for an initial rating greater than 10 percent have not been met.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining updated medical records and scheduling him for VA examinations to assess the severity of his service-connected disabilities.

The Veteran's bilateral lower extremity radiculopathy and prostate cancer are granted as service-connected due to exposure to Agent Orange during his Vietnam-era service.

The Board found that the appellant's lumbar spine disability was not incurred in or aggravated by service and may not be presumed to have had its onset in service.

The Veteran's service connection claims for right leg radiculopathy, bilateral knee disorders, bilateral ankle disorders, and upper back disorder are granted. The Veteran currently has a diagnosis of lumbar radiculopathy with respect to his complaints of right leg pain, which is related to active military service.