Radiculopathy & sciatica decisions — 2010

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and service personnel records from his National Guard service.

The Board found that the Veteran's lumbar stenosis with left-side radiculopathy is not etiologically related to active service and denied his claim for service connection.

The Board has determined that the Veteran does not have a current disability of radiculopathy related to service and therefore denied his claim for service connection. The initial evaluations for cervical spine, muscle tension headaches, carpal tunnel syndrome (right upper extremity), and irritable bowel/colon syndrome with residuals of gallbladder removal are also denied.

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, preclude all forms of substantially gainful employment.

The Veteran's appeal is being remanded due to issues with the timeliness of his substantive appeal and further development is needed for a neurological examination.

The Board has remanded the case for a clarification of the VA examiner's opinion regarding whether the Veteran's current back disorder is related to his military service, specifically the in-service injury. The claim will be readjudicated after this development.

The Veteran's combined rating for his service-connected conditions is 60 percent, which meets the criteria for a TDIU. The Veteran has an Associate of Arts degree and work experience in leatherwork and as a mechanic and delivery driver.

The Board has granted service connection for a cervical spine disorder with cervical radiculopathy of the bilateral upper extremities, which is manifested by numbness and tingling. Additionally, the Veteran's hypertension has been assigned a compensable rating of 10 percent.

The Veteran's right lower extremity radiculopathy is found to be related to his service-connected lumbar strain. His claim for an increased evaluation for lumbosacral strain remains unresolved.

The Veteran's appeal is being remanded due to the need for a new Board hearing. The issues of PTSD and radiculopathy remain on hold, as does the total disability evaluation based on individual unemployability.

The Veteran's low back strain with degenerative changes and degenerative disc disease is currently rated as 10 percent disabling effective February 25, 2003.,A separate 10 percent rating for bilateral radiculopathy of the lower extremities is also in effect since February 25, 2003.

The Veteran's claims for service connection and increased ratings are denied. The Veteran has been granted service connection for tinnitus, but the maximum disability rating is already assigned.

The Veteran's initial disability ratings for his back condition were increased to 20 percent as of February 25, 2009. His right leg radiculopathy was also rated at 10 percent prior to June 13, 2005 and then upgraded to 20 percent from that date.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and cervical spine spondylosis with left upper extremity radiculopathy were denied as they do not meet the criteria for a higher disability rating under VA regulations.

The Veteran's low back disability, characterized by chronic pain and radiculopathy, does not meet the criteria for a higher rating than 20 percent.

The Veteran's combined disability evaluation is 70 percent, which meets the percentage requirements for a TDIU. The Veteran has been found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for PTSD, major depressive disorder, sleep apnea, arthritis of the right and left knees, and radiculopathy of the left lower extremity. The Board found that there was no evidence linking these conditions to her military service.

The Veteran's appeal is being remanded to allow for a VA examination and further development of his claims for higher initial evaluations for service-connected chronic cervical strain with decrease in joint space at C6-7, and left upper extremity radiculopathy.

The Veteran's claim for an increased rating for radiculopathy of the right upper extremity was denied as his condition did not meet the criteria for a higher than 10 percent rating.

The Board has determined that the Veteran's current lower back disorders, including degenerative disc disease, lumbar spondylosis, stenosis, and sensory radiculopathy, are related to his military service. The appeal is granted.