Radiculopathy & sciatica decisions — 2010

The Veteran's claim for an increased evaluation of his lumbar spine disability was denied, but the Board found that additional evidence warranted a remand to consider the claims de novo. The initial evaluations were granted and assigned.

The Board denied the Veteran's claims for service connection for PTSD, sciatica, and hypertension. The decision found that there was no evidence of an in-service stressor supporting a diagnosis of PTSD, and also concluded that there was insufficient evidence to support service connection for sciatica or hypertension.

The Board denied the Veteran's claims for service connection for PTSD, sciatica, and hypertension. The decision found that there was no evidence of an in-service stressor supporting a diagnosis of PTSD, and also concluded that there was insufficient evidence to support service connection for sciatica or hypertension.

The Veteran's service-connected disabilities preclude him from securing and following substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Veteran's claim for service connection for radiculopathy nerve dysfunction of the left leg/left hip was denied as there is no current diagnosis and it is not related to his service-connected lumbar spine disability. The claim for an increased rating for degenerative disc disease (DDD) of the lumbar spine was also denied.

The Veteran's claim for an increased rating for PTSD was fully granted in the May 2009 rating decision. The case is being remanded to address her claim of service connection for cervical disc disease with bilateral radiculopathy.

The Veteran's claims for increased ratings and service connection were denied. The back disability was rated at 40 percent, and the left lower extremity radiculopathy was rated at 10 percent.

The Veteran's claims for increased ratings for his service-connected lumbar disc disease, sciatica of the right lower extremity, and sciatica of the left lower extremity are being remanded due to the need for additional VA examinations.

The Veteran's claims for increased ratings for his service-connected disabilities were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board found no clear and unmistakable error in the August 2005 rating decision that assigned an effective date of July 30, 2004 for service connection of degenerative disc disease at L4-S1 with small herniated nucleus pulposus and radiculopathy. The appeal is denied.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death, and denied the claim.

The Veteran's death was not caused by a service-connected disability, and VA did not fail to timely diagnose or treat his cancer. Therefore, DIC benefits under both § 1151 and § 1318 are denied.

The Veteran's claims for increased ratings for spondylolisthesis and L5-S1 radiculopathy were denied. The RO granted a 40 percent rating for spondylolisthesis effective from February 24, 2006.

The Board denied the Veteran's request to revise the effective date of May 1, 1999 for a TDIU due to CUE. The Veteran argued that he should have received an earlier effective date of November 13, 1989, but the Board found no clear and unmistakable error in their decision.

The Veteran's claim for a clothing allowance was denied because VA treatment records showed that the Veteran was prescribed ankle foot orthosis for post-polio syndrome, not for service-connected conditions. However, his service connection for neurological deficits of the bilateral lower extremities secondary to post polio syndrome has been granted. The Board is remanding the case for further development and adjudication.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional development, including obtaining VA examination results.

The Veteran's sciatic pain and bilateral leg swelling are not found to be related to his service-connected disabilities, including his bilateral knee conditions. The claim for service connection is denied.

The Veteran's claim for a TDIU rating due to service-connected disabilities, including low back disability and radiculopathy of the bilateral lower extremities, is being remanded for additional development.

The Veteran's service-connected back disability was found to at least as likely as not preclude him from engaging in substantially gainful employment beginning January 15, 2009. Prior to that date, the evidence did not show his back condition alone was disabling enough for TDIU.

The Board denied service connection for residuals of a right knee injury, residuals of a right ankle strain, and bilateral hearing loss. The remaining issues are pending further development.