Radiculopathy & sciatica decisions — 2011

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's service-connected disabilities, including lumbosacral strain with degenerative joint disease, major depressive disorder, cervical strain with degenerative disc disease, left and right lower extremity radiculopathy, and generalized anxiety disorder, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a total rating based on individual unemployability.

The Veteran's service-connected degenerative disc disease of the lumbar spine with bilateral radiculopathy has been rated at 40 percent since May 12, 2004.

The Veteran's combined rating of 60 percent due to service-connected disabilities meets the requirements for a total disability rating based on individual unemployability (TDIU) from June 1, 2005.

The Veteran's cervical radiculopathy of bilateral arms is found to be proximately due to his service-connected cervical strain, and the claim for service connection is granted.

The Board has ordered a new examination to determine the etiology of the Veteran's lumbar spine disability and whether it is related to service, including parachute jumps and a motor vehicle accident. The Veteran will be provided with an opportunity to respond.

The Veteran's service connection claims for a left hand disability (likely symptoms of cervical spine disability) and a left shoulder strain with traumatic arthritis have been granted. The initial rating for the left shoulder strain has also been granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her cervical spine disability and whether it prevents her from obtaining or maintaining gainful employment.

The Veteran's claim for an increased rating for his service-connected posttraumatic degenerative disc disease of L5-S1 with S1 radiculopathy is being remanded due to the need for a new VA examination to assess the current level of disability.

The Veteran's initial and increased evaluations for his service-connected cervical spine and lumbosacral strain disabilities are denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's initial ratings for residuals of a herniated disc at L5-S1, with multiple decompressive surgeries and radiculopathy have been granted. The current effective date is not specified.

The Veteran's death was not due to a service-connected disability, as he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of his service-connected thoracolumbar spine disability. The issues of increased rating and TDIU are also being addressed.

The Veteran's lumbosacral strain is not productive of incapacitating episodes having a total duration of at least six weeks during the past 12 months, and his radiculopathy has been productive of pain, decreased sensation, and functional impairment. The Board granted an initial 40 percent disability evaluation for both conditions.

The Board has determined that a VA examination is needed to assess the nature and severity of any neurological manifestations associated with the service-connected lumbar spine disability. The claim will be remanded for this purpose.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected low back and lower extremity radiculopathy disabilities. Additionally, he may be scheduled for an examination to determine if his service-connected disabilities alone preclude him from securing and following any form of substantially gainful employment.

The Veteran's appeal is being remanded due to the need for additional records and examinations. The claims will be reconsidered after these are obtained.

The Veteran's claims for service connection for bilateral knee disorder, status post bilateral hip replacement, hypertension, and arthritis of the ankles, shoulders, and cervical spine with radiculopathy were denied as there is no evidence of current disabilities or a direct relationship to service.

The Board denied the Veteran's claims for increased disability evaluations for her thoracolumbar spine, left ankle injury, rhinitis with sinusitis, and lower extremity radiculopathy disabilities. The evidence did not support a higher evaluation based on limitation of motion or ankylosis.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for a disability of the cervical spine, including cervical degenerative disease and cervical radiculopathy. The Veteran's current symptoms are not shown to be related to an injury in service.