Radiculopathy & sciatica decisions — 2011

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining service personnel records and VA treatment records. The Veteran will be provided an opportunity for a VA examination to determine if his current low back and sciatic nerve conditions are related to his military service.

The Board finds that the Veteran is not in need of regular aid and attendance or permanently housebound due to his service-connected disabilities, and thus, does not meet the criteria for special monthly compensation based on the need for regular aid and attendance, or by reason of being permanently housebound.

The Veteran's appeal is being remanded for further development due to the need for updated VA examinations and treatment records.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for a skin disorder, degenerative joint disease of the cervical spine with radiculopathy (claimed as peripheral neuropathy), and degenerative joint disease of the lumbar spine. The VA will provide an orthopedic examination and dermatological examination to determine if these conditions are related to his military service.

The Veteran's left lower leg radiculopathy and right ankle disability are not service-connected, and the current evaluations for these conditions do not meet criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration records. A VA examination by a psychiatrist will also be conducted to determine if his service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal involves a request for an increased rating for his service-connected lumbosacral strain with scoliosis and radiculopathy. The case has been remanded to the RO due to the inextricably intertwined issue of whether a total disability rating based on individual unemployability (T/R) is warranted.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for SMC based on the need for regular aid and attendance or housebound status.

The Veteran's claims are being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar spine disorder and radiculopathy of the bilateral lower extremities.

The Veteran's claims for initial compensable evaluations for his service-connected bilateral hearing loss disability, osteoarthritis of the left acromioclavicular joint, osteoarthritis of the left knee, and carpal tunnel syndrome of the right hand are being remanded for additional development.

The Board found no evidence of a cervical spine disability due to service or any other event, and denied the Veteran's claim for service connection.

The Veteran's claim for a higher rating for his service-connected lumbar degenerative disc disease with mild right lower extremity S1 radiculopathy was granted, and he is now rated at 40 percent effective January 28, 2010.

The Veteran was granted service connection for PTSD, diabetes mellitus, back condition, sciatica, Bell's palsy, and heart condition. The effective date of the grant of service connection for diabetes mellitus is set to November 17, 2005.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide a VA examination to determine the nature and etiology of her claimed disabilities.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which includes the need for assistance with activities such as dressing, undressing, bathing, and attending to personal hygiene needs. The Veteran's service-connected conditions have resulted in significant limitations that necessitate this level of care.

The Veteran's claims for increased ratings for his service-connected low back disability and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not meet the criteria for an increased rating under any applicable diagnostic codes.

The Veteran's service-connected disabilities, including radiculopathy of the bilateral lower extremities and low back disability, render him unable to secure or follow substantially gainful employment. The Board grants a total disability rating based on individual unemployability (TDIU).

The Veteran's appeal is remanded due to the need for a current VA medical examination and additional VA treatment records. The issue of entitlement to an initial evaluation in excess of 10 percent for service-connected left lower extremity radiculopathy will be reconsidered.

The Board denied the Veteran's claims for service connection for PTSD and restoration of his left sciatica rating, finding that there was no credible evidence supporting the occurrence of in-service stressors or a link between current symptoms and military service.

The Veteran's service-connected back disability was rated at 40 percent effective May 27, 2010. The rating is for the entire appeal period and includes sensory loss of both lower extremities and bowel incontinence.