Radiculopathy & sciatica decisions — 2012

The Board denied service connection for sensory neuropathy of the bilateral lower extremities and right radiculopathy, finding that there was no evidence to support a direct or secondary relationship to military service. The Veteran's lumbar spine disorder claim is still pending.

The Board has determined that the Veteran's service-connected disabilities, including his low back and bilateral knee conditions, are of such nature and severity as to preclude him from engaging in substantially gainful employment consistent with his educational and occupational background. As a result, the claim for TDIU is granted.

The Veteran's claims for increased evaluations for right and left leg radiculopathy were denied as the evidence did not support a higher rating under the applicable criteria.

The Board denied the Veteran's claims for increased ratings for lumbar spine degenerative arthritis and left lower extremity radiculopathy, finding that the evidence did not support higher initial ratings under the applicable rating criteria.

The Veteran is seeking a TDIU based on her service-connected back/neck conditions and mood disorder. The RO has remanded the case for further development, including obtaining medical opinions regarding her employability.

The Veteran's cervical spine disability is rated at 20 percent, nasal fracture residuals are rated at 10 percent, right knee disability and left knee disability each receive a 10 percent rating. The Veteran's PTSD is rated at 70 percent, bilateral upper extremity radiculopathy receives a 10 percent rating.

The Board found that the Veteran's current lumbar spine disorder is not related to his service, and thus denied his claim for service connection.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been denied as he is not shown to be unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected disabilities do not prevent him from securing or retaining substantially gainful employment, and his current job as a welder does not qualify as marginal employment.

The Veteran's appeal is being remanded for additional development to obtain updated medical records and for a VA examination to assess the current severity of his service-connected disabilities, including degenerative joint disease of the lumbar spine and S1 radiculopathy with weakness of the right foot dorsiflexors.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbar spine with radiculopathy and a non-specific increase in the fluid in several areas of the left ankle, finding that these conditions were not incurred or aggravated by active military service.

The Veteran's unauthorized private medical expenses for chest pains and left arm pain were reimbursed as the treatment was deemed necessary due to a reasonable expectation of health risk.

The Board has remanded the case for additional development to obtain VA medical records and schedule a VA examination.

The Veteran's appeal involves multiple issues related to his spinal and extremity disabilities, including ratings for cervical spine fusion, lumbar spine conditions, radiculopathies of the upper and lower extremities. The case is being remanded due to a need for a hearing before the Board.

The Veteran's diabetes mellitus, allergies, hypertension, scar (upper back), right ear hearing loss, and migraine headaches are all rated at the maximum allowed under their respective diagnostic codes. The Board has not found any additional service-connected conditions or issues on appeal.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and related radiculopathies have been denied. The Veteran is currently in receipt of a 40 percent rating for the orthopedic manifestations of his lumbar spine disability, and separate 10 percent and 20 percent ratings for radiculopathy of his bilateral lower extremities.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and radiculopathy of the right lower extremity as secondary to his service-connected low back disability. The initial rating for arthritis of the right ankle was also denied.

The Board found that the Veteran's current low back disability is not related to his active service or was caused by his service-connected residuals of a coccyx injury, and thus denied service connection.

The Veteran's service-connected disabilities, including right wrist disorder, lumbar and cervical spine conditions, and other issues, have been granted. The effective date for the increased ratings is February 2002.

The Veteran's appeals have been dismissed due to his death before a decision was made by the Board.