Radiculopathy & sciatica decisions — 2011

The Veteran's service-connected DJD and DDD of the lumbar spine were granted an increased evaluation to 40 percent effective March 26, 2008. The radiculopathy in both lower extremities was also granted a 10 percent rating.

The Veteran's service-connected lumbar spondylosis and right lower extremity radiculopathy are currently rated at 10 percent each, with no higher ratings warranted based on the current evidence of record.

The Veteran's appeal is being remanded due to incomplete hearing transcript and the need for a new hearing. The issues of service connection are still pending.

The Board has determined that the Veteran's claims for service connection for residuals of a right knee strain, sciatica, eye disorder (presumed), and allergies are currently pending. The case is being remanded to provide further development.

The Veteran's back disability, GSW residuals of the left thigh, adjustment disorder, abdominal scar, and surgical scars on the back are all rated as they currently stand without additional compensation.

The Veteran's appeal is in remand status due to the need for further development, including obtaining additional medical records and scheduling a VA examination. The issues on appeal include increased ratings for lumbar strain with multilevel degenerative changes and left lumbar radiculopathy, as well as TDIU.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his claim is denied as there is no probative evidence showing he is unable to secure or follow substantially gainful employment due to these conditions.

The Veteran's claim for an increased rating for chronic lumbar strain with degenerative changes was denied. The claims for initial evaluations in excess of 10 percent for right and left leg radiculopathy were also denied.

The Veteran seeks service connection for degenerative disc disease at L5-S1 and radiculopathy of the left lower extremity, both related to back injuries during service. The case is being remanded due to incomplete records and need for further examination.

The Board denied service connection for cervical spine disability and bilateral upper extremity radiculopathy, finding that the Veteran's conditions were not caused or aggravated by his service-connected low back disability.

The Board found that the Veteran's service-connected back disability and nasal fracture did not cause or contribute to his death, which was likely due to chronic drug abuse.

The Veteran's left lower extremity radiculopathy is not service-connected as it is not caused or aggravated by his service-connected low back disability. The Board also denied the claim for an initial evaluation in excess of 40 percent for the service-connected low back disability and TDIU.

The Veteran's claims for higher ratings for his service-connected lumbar spine spondylosis and radiculopathy in the right lower extremity were denied. The Board also found no hip disability to be present, thus denying service connection for bilateral hip disabilities.

The Board has determined that additional VA examinations and medical opinions are needed to properly adjudicate the Veteran's claims for service connection, increased evaluations, and TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA examinations to evaluate his lumbar spine disability and any associated nerve problems in the lower extremities. The TDIU claim will also be considered.

The Veteran's service-connected disabilities cause her to be in need of regular aid and attendance of another person, as evidenced by her limited mobility, inability to dress or bathe herself without assistance, and frequent need for adjustment of special prosthetic appliances. The Board finds that she meets the criteria for SMC based on the need for regular aid and attendance.

The Veteran's appeal is being remanded due to the need for a VA examination and additional development of her case.

The Veteran's service-connected disabilities preclude substantially gainful employment consistent with his education and occupational experience, warranting a TDIU.

The Veteran's appeal is remanded due to the need for a new VA examination and potentially pertinent medical records.

The Board has determined that a more recent VA examination is needed to assess the current nature and extent of the Veteran's service-connected lumbar spine disability, including range of motion and any radiculopathy. The case will be remanded for these purposes.