Radiculopathy & sciatica decisions — 2010

The Veteran's appeal is remanded due to the need for a new examination and additional medical records.

The Board has remanded the case for further development, including an examination to determine if any current thoracic and/or lumbosacral spine disorders are related to service. The presumption of soundness will also be addressed.

The Board has determined that the Veteran's cervical spine disorder and radiculopathy of the upper extremities are not service-connected, as there is no evidence to support a connection between these conditions and his military service.

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 Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining records from SSA and scheduling VA examinations.

The Veteran's appeal has been dismissed as the representative withdrew the appeal prior to a decision being made.

The Veteran's claim for a TDIU rating is being remanded due to the need for additional development, including a VA examination and opinion regarding his employability given his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his radiculopathy of the right and left lower extremities. The claim will be reconsidered after this additional development.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and L5 radiculopathy are secondary to his service-connected right and left knee disabilities.

The Veteran's degenerative disc disease at L5-S1 with intermittent sciatica of the lower extremities was granted an initial evaluation of 20 percent effective January 27, 2010.

The Veteran's claim for TDIU is being remanded due to the need for clarification and further examination regarding his service-connected disabilities.

The Veteran's appeal has been dismissed due to his death.

The Veteran's low back disability with radiculopathy was rated at 20 percent prior to February 18, 2009 and is now rated at 40 percent from that date.

The Veteran's appeals for service connection on all six issues have been withdrawn.

The Board denied the Veteran's claims for higher initial evaluations for his service-connected degenerative disc disease at L4-L5 with radiculopathy, finding that the evidence did not meet the criteria for a rating in excess of 20 percent prior to October 13, 1988 and 40 percent prior to January 25, 1994.

The Veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability, as their combined rating is 30 percent. The claim will be referred to the VA Director of Compensation and Pension Service for consideration on an extraschedular basis.

The Veteran's claims for increased ratings and service connection were granted, with the right knee meniscal repair receiving a 20 percent rating from July 8, 2007 to September 1, 2009. The other conditions received their respective initial disability ratings.

The Veteran's appeal is being remanded for further evaluation of his service-connected right arm and hand radiculopathy. The current rating does not reflect the severity of his disability, which he argues should be rated separately or increased.

The Veteran's claim for increased ratings for residuals of a laminectomy and depression was denied. The Veteran's low back disability is rated at 40 percent, effective August 23, 2007.

The Veteran's appeal is being remanded for further development, including a VA examination and consideration of new medical records.