Radiculopathy & sciatica decisions — 2012

The Veteran's service-connected disabilities did not cause or contribute substantially to his death. Cancer was not manifested during service.

The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy, as well as entitlement to a TDIU due to service-connected lumbar spine disability and radiculopathy, is denied.

The Veteran's claim for service connection is being remanded due to the loss of his service treatment records and lack of evidence of in-service complaints, treatment or diagnosis. A VA examination will be scheduled to determine the etiology of any diagnosed disabilities.

The evidence does not support a finding that the Veteran's current low back disability is related to his military service.

The Board found that the appellant's low back disability is not related to his active military service and denied service connection for this condition.

The Veteran's post-operative residuals of a herniated nucleus pulposus, right lower extremity radiculopathy, and left lower extremity radiculopathy have been rated based on their respective service-connected conditions.,A total disability rating for compensation purposes based on individual unemployability has been granted.

The Board has remanded the case for further development to verify the appellant's National Guard service and obtain his medical records. The issues of entitlement to service connection for various disabilities remain pending.

The Veteran's claim for service connection of cervical spine DDD and LUE radiculopathy was denied in August 1994, but she did not appeal. The claim was reopened on September 30, 2002, resulting in a grant of service connection with an effective date from that day.

The Board has determined that the Veteran's cervical radiculopathy of the left upper extremity was incurred during service and is granted service connection.

The Board has ordered additional development of the Veteran's claims, including obtaining VA treatment records and providing examinations to address the etiology of his claimed conditions. The appeal is currently in remand status.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a TDIU.

The Board has determined that the Veteran's cervical and lumbar spine disorders, as well as their associated radiculopathy in the bilateral upper and lower extremities, are related to his service. The claims for these conditions have been granted.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule him for examinations to determine the current severity of his service-connected conditions.

The Board has granted a 20 percent rating for the Veteran's lumbar intervertebral disc syndrome (IVS) and denied service connection for left leg radiculopathy. The initial rating for right leg radiculopathy pain is also granted.

The Board has determined that a VA examination is necessary to determine the etiology of the Veteran's hepatitis B, sciatica, sleep apnea, diabetes mellitus, type II, hypertension, and psychiatric disorder (depression).

The Veteran's left lower extremity radiculopathy is currently rated at 20 percent, which does not meet the criteria for a higher rating. The Board also found that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for additional development to determine the appropriate ratings for his herniated disc L5-S1 with sciatica and left lower extremity sciatica, as well as any separate rating for right lower extremity sciatica.

The Board finds that the Veteran's current lumbar spine disability is related to his active service, specifically his Air National Guard service where he flew in high G force aircraft. Service connection for degenerative disc disease of the lumbar spine with radiculopathy is granted.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, but the weight of medical evidence indicates these conditions do not prevent him from obtaining or retaining substantially gainful employment.

The Board has determined that there is no evidence to suggest that the Veteran's service-connected low back disorders, including her status post L4 laminectomy and partial laminectomy L3 and L4 with lumbar strain, radiculopathy of the left lower extremity, and a residual scar, are not adequately contemplated by the rating schedule. Therefore, an extraschedular evaluation is denied.