Radiculopathy & sciatica decisions — 2011

The Veteran's claim for an increased rating for his cervical spine disability is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's claims for service connection for diabetes mellitus, type 2 and increased ratings for lumbosacral strain and left lower extremity radiculopathy associated with lumbosacral strain were denied. The Board found no evidence linking the current conditions to his military service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of any identified back and thoracolumbar spine disorder, as well as any identified left leg radiculopathy and bilateral upper extremity disorder.

The Board has determined that the Veteran's radiculopathy of the left lower extremity does not warrant a rating in excess of 10 percent, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has remanded the TDIU claim for further development and an examination to determine if the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment, thus denying his claim for an earlier effective date for TDIU.

The Veteran's neck injury with posttraumatic arthritis is rated at 40 percent, effective from the date of the decision. The rating for radiculopathy of the right upper extremity remains at 10 percent.

The Veteran's claims for service connection of lower extremity radiculopathy were denied. However, his claim for an increased evaluation of sarcoidosis was granted.,Since April 12, 2010, the Veteran is now rated at 30% for sarcoidosis.

The Board has determined that the evidence satisfactorily establishes that the Veteran's current tinnitus is related to active service and grants service connection for tinnitus.

The Board has remanded the case due to the need for a new VA examination to assess the current severity of the Veteran's service-connected lumbar spine disability.

The Board has determined that the Veteran's radiculopathy in the lower extremity is not related to his period of service and therefore denied his claim for service connection.

The Veteran's claims for increased ratings were denied as his service-connected conditions did not meet the criteria for higher ratings under applicable diagnostic codes.

The VA denied the appellant's claims for increased evaluations for his degenerative disc disease of the lumbar spine and radiculopathy, as these conditions are currently rated at 40 percent.

The Board has determined that an examination is necessary to determine the nature of the Appellant's current left leg sciatica and its possible relationship to service, including his lifting duties as an air cargo specialist during his periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA).

The Veteran's service-connected back disability is rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim for an extra-schedular rating for his service-connected cervical spine disorder was denied. The Board found that the disability presented with symptoms already accounted for by the schedular criteria and did not meet the requirements for an extraschedular evaluation.

The Board has determined that the Veteran's low back disorder and bilateral foot disorder are service-connected, with the latter being aggravated by her now-service connected low back disorder.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA and private medical records, scheduling appropriate examinations, and considering whether to refer the case for extraschedular consideration.

The Board has determined that the Veteran does not have a current disability of the chin or jaw, and thus service connection for these conditions is denied. The cervical spine issue will be remanded for further development.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to determine the nature and etiology of his claimed conditions. The appeal will be remanded to the RO/AMC for further action.