Radiculopathy & sciatica decisions — 2012

The Veteran withdrew his appeals for all issues related to service connection and evaluations of his cervical spine, left upper extremity radiculopathy, and right upper extremity radiculopathy.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or being housebound was denied as he does not meet the criteria for SMC under VA regulations.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration (SSA) records and scheduling VA examinations if necessary. The case will be reconsidered after the additional evidence has been processed.

The Board finds that the Veteran's current right lower extremity radiculopathy is etiologically related to his service-connected post L4-5 discectomy with degenerative disc space narrowing and spondylosis.

The Veteran's claim for an effective date prior to October 12, 2004, for the grant of service connection for her service-connected disabilities was denied as she did not file a formal or informal claim prior to that date.

The Veteran's appeal is remanded to the RO for referral to the Director of Compensation and Pension Service regarding whether a total rating based on individual unemployability (TDIU) should be granted due to his service-connected disabilities.

The Veteran's claim for an increased rating for his service-connected degenerative intervertebral disc disease of the lumbar spine with left lower extremity radiculopathy is being remanded due to incomplete development and additional evidence needed.

The Veteran's DDD of the lumbar spine and associated radiculopathy were granted with initial disability ratings of 20 percent, which were subsequently increased to 40 percent effective from July 24, 2009.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for additional development, including obtaining treatment records and scheduling an examination.

The Board has granted service connection for traumatic arthritis of the right ankle and degenerative disc disease of the lumbar spine with sciatica, effectively granting all benefits sought.

The Veteran's claims for increased rating and service connection are being remanded due to the need for additional evidence, including VA treatment records. The Veteran is also scheduled for a new examination to determine the current nature and severity of his low back disability and whether he has radiculopathy in both lower extremities.

The Board found that the Veteran's lumbar spine disability does not warrant a rating in excess of 20 percent, and his cardiac arrhythmia with premature ventricular contractions do not meet criteria for a higher than 10 percent rating.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claims for increased evaluations of her migraine headaches, sciatica of the right and left lower extremities associated with her low back disability, and service connection for right carpal tunnel syndrome were denied. The Veteran's claim for higher evaluations of her migraine headaches was granted up to a 30 percent evaluation effective May 27, 2011.

The Veteran's current lumbar spine disabilities, including degenerative disc disease, degenerative joint disease, and spondylosis with bilateral radiculopathy were incurred in active duty military service.

The Veteran's service-connected lumbar spine disability and associated right lower extremity radiculopathy have been rated based on the General Rating Formula for Diseases and Injuries of the Spine. The rating has been granted as a result of incapacitating episodes having a total duration of at least six weeks during the past twelve months.

The Veteran's appeal is being remanded due to the need for a comprehensive VA neurology examination and additional development of his claim, including consideration of TDIU.

The Veteran's service-connected disabilities, including Major Depressive Disorder with anxiety, lumbosacral strain and degenerative disc disease, and left and right lower extremity radiculopathy, prevent him from engaging in substantially gainful employment.

The Veteran's progressive polyradiculopathy and peripheral neuropathy are found to be as likely as not due to his presumed exposure to Agent Orange during service, thus granting service connection for these conditions.

The Veteran's claim for a higher rating for his service-connected L4-5, L5-S1 intervertebral disc syndrome with radiculopathy is being remanded due to the need for another VA examination and consideration of whether he is entitled to a TDIU.