Radiculopathy & sciatica decisions — 2012

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, and separate ratings of 40 percent each are granted for radiculopathy in both lower extremities.

The Board has remanded the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, including spondylolisthesis of the lumbar spine with right radiculopathy, chondromalacia of the right knee, recurrent peptic ulcer disease, incomplete paralysis of the right sciatic nerve associated with the lumbar spine disability, and hemorrhoids. The case is remanded for an appropriate VA examination to determine the effects of all service-connected disabilities on his ability to maintain and retain employment, as well as for extraschedular consideration under 38 C.F.R. � 4.16(b).

The Veteran's appeal is remanded due to the need for a VA examination and additional medical records, including those from Social Security Administration (SSA). The case will be reconsidered based on the new evidence.

The Veteran's service-connected disabilities have rendered him unemployable since June 1, 2005.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations to assess his service-connected conditions and other issues on appeal.

The Veteran's claim for service connection for degenerative joint disease (DJD) of the lumbar spine with right leg sciatica and numbness of the toes is being remanded due to the need for additional development, including a VA examination.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination. The Veteran's claim of entitlement to service connection for a lumbar disorder with associated radiculopathy and sciatica is pending.

The Veteran's service-connected chronic muscular strain, lumbar spine, with disc degeneration and bilateral leg radiculopathies are rated at the maximum schedular evaluations. The Veteran does not meet the criteria for an increased rating.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disorder was granted, but the current assigned 20 percent evaluation is found to be inadequate. A separate 10 percent rating is granted for radiculopathy of the right lower extremity.

The Veteran's lumbosacral spine injury residuals do not result in ankylosis of the spine, and radiculopathy is not etiologically related to his service-connected disability. As a result, he does not meet the criteria for a rating in excess of 40 percent.

The Veteran's claims for service connection and increased rating for residuals of a left clavicle fracture were denied. The Board found no evidence linking the current disabilities to active duty service or a service-connected condition.

The Veteran's claim for a special home adaptation grant was denied as he does not meet the criteria for entitlement to this benefit due to lack of anatomical loss or use of both hands, and his visual acuity is not at 5/200 in both eyes.

The Veteran is not unemployable due to his service-connected disabilities for the periods from September 8, 2003 through May 31, 2006, and from March 1, 2009 through July 31, 2009.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims.

The Veteran's appeal was denied for various issues including hypertension, lumbar spine spondylosis, left lower extremity sciatica, and erectile dysfunction. The highest initial compensable evaluation of 10 percent was granted for hypertension, but evaluations in excess of the assigned were denied for lumbar spine spondylosis and left lower extremity sciatica.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals. The issues include seeking increased disability ratings, reopening service connection claims, and TDIU.

The Board has denied reopening of service connection claims for a low back disorder and sciatic neuralgia, finding no new and material evidence to support the Veteran's claims. The Veteran did not have a chronic back or leg condition during service, and there is insufficient evidence linking current symptoms to active duty.

The Veteran's appeal is being remanded for additional development, including VA examinations to address the etiology of his claimed disabilities and to clarify the nature and severity of his service-connected left ulnar neuropathy.

The Board denied the Veteran's claims for service connection for DDD of the cervical spine, radiculopathy of the bilateral upper and lower extremities, as well as a higher rating for ankylosing spondylitis. The Board found that these conditions were not related to his service-connected ankylosing spondylitis.

The Veteran's claims for service connection for traumatic brain injury and sciatic nerve disability are being remanded due to the unavailability of his service medical records. A VA examination is needed to determine if these conditions are related to his active service.