Radiculopathy & sciatica decisions — 2011

The Veteran's claims for increased ratings for his service-connected cervical, thoracic and lumbosacral degenerative disc disease with radiculopathy and right shoulder condition are being remanded due to the need for additional examinations and development of medical records.

The Veteran's service-connected disabilities do not meet the criteria for certification for automobile and adaptive equipment or adaptive equipment only.

The Board has determined that additional development is necessary to properly evaluate the Veteran's service-connected low back disorder and right lower extremity radiculopathy, including obtaining a new VA examination.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his active service, while varicose veins of the left leg were likely caused by or a result of military service.,Service connection is granted for cervical spine disability, lumbar spine disability, and varicose veins of the left leg.

The Board found that the Veteran's residuals of a right hip replacement and degenerative disc disease with lumbar stenosis, right foot drop, and radiculopathy are not etiologically related to service or a service-connected disability.

The Veteran's right ulnar nerve disorder is not considered to be caused by VA carelessness, negligence, or lack of proper skill. The Board finds that the preponderance of evidence does not support a finding of additional disability.

The Veteran's service-connected low back disability and lower extremity radiculopathy are currently rated at 40 percent for the lumbar spine, and 10 percent each for the left and right lower extremities. The claim for increased ratings is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's claim for increased disability ratings for her service-connected lumbosacral strain, left lower extremity radiculopathy, and cervical spine disc disease is denied due to the proper recoupment of separation pay from VA compensation benefits.

The Veteran's current cervical spondylosis, degenerative disc disease of the cervical spine, and right upper extremity radiculopathy were diagnosed in service. The Board finds that entitlement to service connection for a cervical spine disorder is granted.

The Veteran's claim for service connection for left upper extremity radiculopathy is granted as it is secondary to his service-connected cervical disc disease. The Board also remanded the issues of increased rating for cervical disc disease with headaches and service connection for bilateral radiculopathy of the lower extremities.

The Board has denied the Veteran's claims for service connection for bilateral shoulder disability, neck disability, and radiculopathy of bilateral upper and lower extremities as secondary to his low back disability. The evidence does not support a finding that these conditions are related to his service-connected low back disability.

The Board granted service connection for diabetes mellitus as secondary to the lumbar spine disability and assigned a separate initial rating of 40 percent for radiculopathy of the left lower extremity. The initial ratings for the lumbar spine disability were denied.

The Board denied the Veteran's claims for service connection for facial burns, pseudofolliculitis barbae, sinusitis, carpal tunnel syndrome (cervical radiculopathy), skin pruritus, rheumatoid arthritis with bone spurs of the right shoulder, and a rating in excess of 10 percent for hemorrhoids. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran is unable to secure or follow a substantially gainful occupation due solely to impairment resulting from his service-connected disabilities, and the Board finds reasonable doubt in favor of this determination.

The Board has determined that the Veteran's lumbar spine disability, including degenerative disc disease and sciatica, is related to his military service as a helicopter pilot. As such, the claim for service connection is granted.

The Veteran's appeal for hip pain and leg pain has been withdrawn.,The Board finds that the preponderance of evidence does not support service connection for sciatic neuropathy or tinnitus.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but his unemployability is due to his service-connected conditions. The case is REMANDED for further consideration on an extraschedular basis.

The Veteran's service-connected disabilities, alone, are not shown to be of such severity as to effectively preclude all forms of substantially gainful employment.

The Veteran's appeal was denied for various issues related to his service-connected disabilities, including right knee disability and radiculopathy of the lower extremities. The case is now remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and ensuring that all claims are properly adjudicated.