Radiculopathy & sciatica decisions — 2011

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's cervical spine disability is related to his military service and whether it was caused or aggravated by his service-connected right shoulder disability.

The Board denied the Veteran's claims for service connection for residuals of a fracture of the right 5th metatarsal and an evaluation in excess of 10 percent for degenerative disc and joint disease with right radiculopathy. The evidence did not support these claims.

The Veteran's service-connected disabilities are so disabling as to prevent him from dressing himself and frequently adjusting his special orthopedic appliance without aid, meeting the criteria for SMC based on need for regular aid and attendance.

The Board found no evidence of a low back disability in service or within one year post-service, and concluded that any current low back disability is not related to service. The sciatic nerve and bilateral knee disabilities are also not linked to service.

The Veteran's service-connected disabilities, including postoperative residuals of multiple lumbosacral surgeries with degenerative joint and disc disease and left lower extremity radiculopathy, do not meet the criteria for a total disability rating based on individual unemployability under 38 C.F.R. § 4.16(a).

The Board has denied the Veteran's claims for service connection for a low back disability and sciatica as secondary to a low back disability due to lack of competent evidence supporting these claims, with the VA examiner providing a negative nexus opinion.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current diagnosis of hearing loss is related to his military service. The other claims have been withdrawn by the Veteran.

The Board has determined that new and material evidence was submitted to reopen the Veteran's claim for service connection for a back disability. The Veteran's current back disability, including right lower extremity radiculopathy, is found to be related to his active service.

The Veteran's lumbar spine disability and left leg radiculopathy have been granted service connection, with a rating of 40% for the lumbar spine disability since March 26, 2004. The Veteran is also rated at 10% for right lower extremity radiculopathy associated with his lumbar spine disability as of February 22, 2010. His left leg radiculopathy has been rated at 40% since May 9, 2006.

The Board has granted service connection for the Veteran's lumbar spine disability and chloracne, effective December 15, 2008.,However, the claim for right ear hearing loss remains pending as new evidence was submitted to reopen this claim.

The Veteran's claims for higher initial ratings for degenerative joint disease of the lumbar spine, right lower extremity radiculopathy, and allergic rhinitis were denied as there was no evidence of moderate incomplete paralysis or other criteria warranting a higher rating.

The Board has remanded the case for a videoconference hearing at the RO before a Veterans Law Judge. The Veteran's request for a hearing is pending.

The Board has determined that the Veteran's back disability is service-connected as it was incurred during a period of INACDUTRA. The claims for bilateral hearing loss and tinnitus have been denied due to lack of evidence showing onset or continuity of symptoms within one year of separation from service.

The Veteran's claims for increased ratings for his lumbosacral strain with degenerative disease and radiculopathy are being remanded due to the need to obtain additional service treatment records from his second period of active duty.

The Board has granted a higher initial rating of 20 percent for degenerative disc disease of the lumbosacral spine, effective May 20, 2006. The Veteran's right and left lower extremity radiculopathy are each rated at 10 percent.

The Veteran's claim for a TDIU is being remanded due to the need for additional medical examination and development of his claims file. The RO will arrange for an examination by a VA physician to assess whether his service-connected disabilities, alone or in combination with any non-service connected conditions, render him unable to secure or follow substantially gainful employment.

The Veteran's claim for a rating in excess of 40 percent for lumbar DDD with chronic lumbar strain was denied as the evidence did not show that his disability warranted such a higher rating.

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

The Veteran's service-connected disabilities, including left buttock injury, left sciatic nerve compression, and residuals of fractures of the pelvis and ribs, have rendered him unable to obtain or maintain substantially gainful employment. The Board has granted a TDIU rating based on these conditions.