Radiculopathy & sciatica decisions — 2012

The Veteran's lumbosacral strain and bilateral lower extremity radiculopathy were evaluated, with the lumbosacral strain receiving a 20% rating and each lower extremity radiculopathy rated at 10%. The claim for TDIU was denied.

The Veteran seeks service connection for sciatic nerve injury as secondary to his service-connected chronic right groin and inguinal strain with tendonitis. The Board has determined that further development is needed, including obtaining VA treatment records from approximately 2001, scheduling a VA examination, and obtaining any relevant University Hospital records.

The Board has granted service connection for sciatica of the right leg with a rating of 10% and an effective date of July 8, 2004.

The Board denied the Veteran's claims for service connection for radiculopathy of the upper and lower extremities, finding that they were not related to her service-connected cervical and lumbar spine disabilities.

The Board has determined that the Veteran does not have a disability manifested by light sensitivity, a right shoulder disability, or a sciatic nerve disability that is related to his military service.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and additional development of his medical records.

The Veteran's appeal is being remanded for additional development, including obtaining copies of SSA records and ensuring all claims are properly addressed.

The Veteran's service-connected low back strain is currently rated as 40 percent disabling, and the Board denied an increased rating. The claims for right and left lower extremity radiculopathy were also denied.

The Veteran's additional disability of his lumbar spine and left lower extremity is not deemed to be the result of VA treatment, thus compensation under 38 U.S.C.A. § 1151 for these conditions is denied.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and scheduling examinations for certain conditions.

The Veteran's appeal is remanded due to the need for additional VA examinations and consideration of his claims, including those related to increased evaluations for service-connected disabilities and specially adapted housing/adaptive equipment.

The Board denied the Veteran's request for an earlier effective date for service connection of polyradiculopathy of the right leg as secondary to post-arteriovenous malformation of the spinal cord, finding that there was no clear and unmistakable error in a prior rating decision denying service connection.

The Veteran's appeal was dismissed because he withdrew his appeal in March 2012.

The Veteran's service-connected disabilities, including bilateral macular degeneration and major depressive disorder, have prevented him from obtaining and maintaining substantially gainful employment for the time period since January 31, 2008.

The Veteran's service-connected right upper extremity peripheral neuropathy is rated at 30 percent prior to June 24, 2010 and increased to 30 percent effective from that date. The Veteran also has a separate rating for postoperative right mid shaft ulna fracture.

The Veteran's appeal was denied because there is no current diagnosis of a left sciatic nerve disorder and the VA examiner found no indication that the Veteran had a longstanding limp, thus no indication that sciatica would be related to his service-connected left knee disability.

The Veteran's service-connected PTSD renders him in need of regular aid and attendance due to his mental incapacity, requiring care at home for safety reasons. The Board grants SMC based on the need for regular aid and attendance.

The Veteran's claim for a rating in excess of 20 percent prior to September 7, 2007 was granted. The claim for extension of the total disability rating for convalescence beyond October 31, 2007 was also granted. However, his TDIU claim remains pending.

The Board has determined that the Veteran's claim for service connection for residuals of bilateral shoulder blade dislocation is denied as there is no competent evidence linking his current condition to his military service.

The Board has determined that the Veteran's preexisting bilateral pes planus was aggravated during his service, and therefore grants service connection for this condition. The right leg sciatica is found to be related to the aggravation of the bilateral pes planus.