Radiculopathy & sciatica decisions — 2011

The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected residuals of spondylosis with low back symptoms. The claim for a higher rating for the service-connected lumbar spine disability is also granted, with an effective date set at June 28, 2000.

The Veteran's radiculopathy of the left and right lower extremities has been rated at 40 percent since September 30, 2004.

The Board denied service connection for degenerative disc disease of the cervical spine and radiculopathy of the upper extremities, finding no evidence of a nexus to service.

The Veteran seeks service connection for a low back disorder, including sciatica. The Board has determined that more development is needed before the claim can be adjudicated.

The Veteran's appeal is being remanded for additional development, including obtaining recent VA and private treatment records and scheduling the Veteran for a VA examination to assess his service-connected low back pain with multi-level degenerative disc disease of the lumbar spine and L4-5 spondylosis and spondylolisthesis, as well as bilateral lower extremity radiculopathy and neurogenic claudication.

The Veteran's claims for increased ratings and a temporary total rating were denied. The back disability was rated as 10 percent disabling, the left eye disability remained at noncompensable, and the temporary total rating claim was not granted.

The Board denied the Veteran's claim of entitlement to service connection for a right hip disability with right lower extremity sciatic nerve palsy, finding that there was no credible evidence linking his current disabilities to his military service.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule the Veteran for VA examinations to assess his current disabilities.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and a VA examination to assess his employability due to service-connected disabilities.

The Veteran's appeal is denied as her claims for service connection are not supported by the evidence of record.,The Veteran was granted service connection for depression, but denied service connection for PTSD.

The Veteran's service-connected disabilities made him unable to obtain and maintain substantially gainful employment as of June 24, 2003. The Board granted an effective date of June 24, 2003 for the TDIU rating.

The Veteran's service-connected disabilities, including post-operative herniated disc of the lumbar spine with left sciatica, degenerative arthritis of the right knee, radiculopathy of the right and left lower extremities, status post amputation of the left little finger, bipolar disorder, tinnitus, asbestosis, and tinnitus, render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal has been dismissed due to his withdrawal of the appeal.

The Veteran's appeal is remanded for further development, including obtaining SSA records and arranging for a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board has ordered additional development to determine whether the Veteran's atherosclerosis was related to his period of active service and if so, whether it contributed to his death. The case is being remanded for an addendum opinion from a VA cardiologist.

The Veteran's lumbar spine disability is rated at 40 percent, effective from March 7, 2005. He also received a separate compensable rating for right lower extremity neurologic disability.,The reduction in cervical spine disability rating was denied.

The Board has granted the Veteran's appeal for TDIU to the extent that his case was referred to the Director, Compensation and Pension Service for consideration of a TDIU award on an extraschedular basis.

The Veteran's bilateral cervical radiculopathy at C5-C6-C8 levels of the upper extremities is not service-connected and there is no evidence linking it to a service-connected disability.

The Veteran's claims for lumbar strain with sciatica, bulimia, hiatal hernia, IBS, GERD, and sleep apnea are denied. The Board finds that there is no evidence of a low back disorder during service or at any time thereafter, and the claimed conditions are not related to his military service.

The Veteran's service-connected disabilities, including a lumbar spine disability and right and left lower extremity radiculopathies, did not meet the minimum percentage requirements for a TDIU prior to October 3, 2007. The combined rating was 40%, which is below the threshold of 60% required for a schedular TDIU.