Radiculopathy & sciatica decisions — 2012

The Veteran's service-connected left leg disabilities do not render him unable to secure and follow a substantially gainful occupation, as his non-service connected conditions also affect his employability.

The Veteran's claim for TDIU is being remanded due to the need for further development, including a VA examination and obtaining updated treatment records.

The Board has granted service connection for sciatica of the right and left lower extremities, finding that they are proximately due to or the result of the Veteran's service-connected lumbar spine disability.

The Veteran's lumbar degenerative disc disease is rated at 20 percent since July 11, 2005. Separate 10 percent ratings are assigned for bilateral lower extremity radiculopathy from that date.

The Veteran's claim for increased ratings for his low back disability is being remanded due to the need for additional VA treatment records, a new VA examination, and compliance with previous Board directives.

The Board has determined that the Veteran's service-connected disabilities, alone, do not render him unemployable. The Director of Compensation and Pension Service concluded that the Veteran was not unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Board has decided to remand the Veteran's claim for further development due to incomplete VA treatment records and issues regarding notification of evidence submission.

The Veteran's claim for service connection for a back injury is being remanded due to the need for additional medical examination and consideration of new evidence.

The Board has determined that the Veteran does not have a left shoulder disability that is attributable to military service or to a service-connected disability. The criteria for an evaluation in excess of 20 percent for recurrent dislocation, right shoulder, have not been met.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The issues of service connection for left knee disability, increased rating for degenerative disc disease with spondylosis of the lumbar spine, and increased rating for radiculopathy of the left lower extremity associated with degenerative disc disease with spondylosis of the lumbar spine are on appeal.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine and left lower extremity radiculopathy are not related to service, and therefore denied his claims for service connection.

The Board finds that the appellant's current low back problems are unrelated to her active service or any incident therein, and thus denies her claim for service connection.

The Veteran's right lower extremity radiculopathy has been granted an initial increased rating to 20 percent effective May 12, 2010. Prior to this date, the claim was denied as not meeting the criteria for a higher evaluation.

The Board has granted service connection for scoliosis, finding that the Veteran's active duty service is related to his current condition. However, there is insufficient evidence to establish a link between the Veteran's low back disorder and his active duty service.

The Veteran's appeal is being remanded due to her failure to appear for a scheduled hearing. She will be rescheduled for another Board hearing at the RO.

The Board granted an effective date of July 15, 1998 for the grant of service connection for a cervical spine disability. The Veteran's claim to reopen was received on January 6, 1995, and VA considered new evidence submitted in July 1996.

The Veteran's temporary total evaluation based on convalescence from May 2003 lumbar spine injections is denied as she did not require at least a one-month period of convalescence following the procedure.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective from the date of this decision. The claim for increased ratings for radiculopathy of both lower extremities remains pending.

The Veteran's claims for higher ratings for his service-connected degenerative disc disease of the lumbar spine, degenerative changes at C4-5, radiculopathy of the right thigh, and radiculopathy of the left thigh were denied. The initial rating for degenerative disc disease of the lumbar spine was not granted as high as requested, while the other claims were also denied.

The Veteran's claim for an increased initial disability rating for lumbar radiculopathy of the right lower extremity is being remanded due to a need for a Travel Board hearing.