Radiculopathy & sciatica decisions — 2011

The Veteran's bowel incontinence is found to be related to his service-connected lumbar spine disability, and a separate 10 percent rating is granted. Service connection for cervical radiculopathy secondary to facet syndrome with sclerosis, lumbosacral spine, is also granted.

The Board denied the Veteran's claim for service connection for lumbar disc disease with radiculopathy, finding insufficient evidence to support a grant of this benefit.

The Veteran's service-connected disabilities do not preclude gainful employment consistent with his education and occupational experience.

The Veteran is seeking service connection for right radiculopathy that he claims is secondary to his service-connected lumbar paravertebral myositis. The case has been remanded due to the need for translations of some documents.

The Veteran's post-operative residuals of a laminectomy with radiculopathy of the lumbosacral spine have resulted in some, but not total, range of motion loss and no incapacitating episodes in the past 12 months. The Board finds that her disability does not warrant a rating higher than 40 percent.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his service-connected disabilities and their impact on his capacity for substantially gainful employment.

The Veteran's TDIU was granted effective June 11, 2008. The Board denied an earlier effective date as the evidence did not show unemployability prior to this date.

The Board has determined that the Veteran's cervical spine disorder is not related to his military service or secondary to his service-connected dorsolumbar disability.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for carpal tunnel syndrome. The issue of service connection for a low back disorder is remanded for further development.

The Veteran's low back strain was rated at 10 percent prior to October 7, 2008 and denied for higher ratings. Service connection for left leg radiculopathy was also denied.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine the Veteran's current functional and occupational capacity due to his service-connected disabilities. The case will be readjudicated after these actions.

The Board denied the Veteran's claim for service connection for a low back condition with radiculopathy, finding no evidence of an in-service injury or chronic disability.

The Veteran's low back disorder and headaches have been granted increased ratings, with the low back disorder receiving a 40 percent rating effective December 10, 2009. The headaches received a 10 percent rating prior to September 24, 2009, and a 30 percent rating from that date.

The Board has determined that the grant of service connection for left leg radiculopathy was clearly and unmistakably erroneous, and thus severed from the Veteran's service-connected lumbar spine degenerative disc disease. The claim for a separate evaluation for radiculopathy is denied.

The RO reduced the disability ratings for Post Diskectomy, Herniated Nucleus Pulposus, L4-L5, Degenerative Disc Disease of the Cervical Spine, and Peripheral Radiculopathy of the Left Upper Extremity from their current levels to 20 percent each. The reduction was proper as there is evidence of improvement in these conditions.

The Veteran's service-connected disabilities have been found to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. The Board has granted entitlement to specially adapted housing.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining medical records.

The Board has determined that the Veteran's service-connected disabilities, when combined, meet the criteria for a TDIU. The evidence is at least in equipoise as to whether the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Board has remanded the case for further development, including obtaining medical opinions and records related to the Veteran's death.

The Veteran's claims for service connection of chronic IBS, chronic head injury residuals, and a chronic headache disorder to include migraines were denied. The Veteran's cervical spine disability was granted an increased rating to 20%, while his lumbar spine disability was granted a 60% rating from January 1, 2005, through December 31, 2005, and a 20% rating thereafter. Separate ratings of 10% were assigned for right sciatica and left sciatica. The Veteran's trapezius muscle strain was granted a 10% evaluation. Finally, the Veteran's panic disorder with depression was granted an initial disability evaluation in excess of 10 percent.