Radiculopathy & sciatica decisions — 2011

The Veteran's degenerative disc disease of the lumbar spine was not characterized by severe impairment, and his radiculopathy and peroneal neuropathy were of no more than moderate severity. The Board denied increased ratings for these conditions.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge, either in-person or via videoconference. The case will then be returned to the Board.

The Veteran's right lower extremity radiculopathy is rated at 20 percent, which is the highest rating available for moderate incomplete paralysis of the sciatic nerve. The Board found that his disability picture more nearly approximated this level of impairment.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA orthopedic examination.

The appellant's service-connected disabilities have not precluded substantially gainful employment, thus warranting a total disability rating based on individual unemployability (TDIU).

The Veteran's chronic immune sensory polyradiculopathy (CISP) was not found to be related to his military service or exposure to herbicides such as Agent Orange.

The Veteran's claims for increased evaluations of his coronary artery disease, bilateral knee sprain, lumbosacral strain, and right lower extremity radiculopathy were denied. The Board found that the evidence did not support a rating in excess of the current ratings under applicable VA regulations.

The Veteran's service-connected disabilities, particularly his low back, left knee, and left shoulder conditions, prevent him from continuing in his position as a machinist due to their severe effects on his ability to work. The Board finds that the cumulative effect of these disabilities makes it impossible for the Veteran to secure or follow substantially gainful employment.

The Veteran's claims for higher ratings for his service-connected lumbar spine disability and radiculopathy of the right lower extremity were denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbar spine disability or an initial evaluation in excess of 20 percent for the radiculopathy.

The Board has determined that a 40 percent disability rating for right cervical radiculopathy is warranted effective October 27, 1983, based on the severity of symptoms and manifestations.

The Veteran's thoracic spine disability is currently evaluated as 40 percent disabling, but the Board finds that his condition does not warrant a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and providing her with a VA examination.

The Veteran's claims of service connection for his left shoulder tear, cervical radiculopathy, and cervical myositis are being remanded due to the need for additional development including obtaining VA treatment records and affording the Veteran a VA examination.

The Veteran's appeals for increased ratings have been dismissed due to his failure to respond to requests for evidence/releases for records of his treatment, which are essential for a proper adjudication.

The Board denied the Veteran's claims for service connection for psychiatric disabilities other than PTSD, right and left lower extremity radiculopathy, finding no competent evidence linking these conditions to service or service-connected disability.

The Veteran's appeal has been dismissed as he withdrew his appeal through his authorized representative.

The Veteran's back disorder is not service connected as there is no evidence of a current disability related to his in-service injury. The lung condition may be service-connected, but the VA examiner will need to provide an opinion on this issue.

The Board has remanded the case due to failure to comply with previous instructions and lack of etiology opinion. The Veteran's claim for service connection is still pending.

The Veteran's appeal is being remanded for additional development, including a VA examination and obtaining pertinent medical records. The case will be readjudicated after the development is completed.

The Board finds that the Veteran's left knee osteophyte and left sciatica are directly related to his August 2, 2005 fall in the VA emergency room. The appeal is granted.