Radiculopathy & sciatica decisions — 2012

The Veteran's claim for an increased rating for his low back injury and left lower extremity radiculopathy was denied. He is not eligible for TDIU on a schedular or extraschedular basis.

The Board finds that the Veteran's DDD of the lumbar spine with radiculopathy is at least as likely as not related to a disease or injury in service, and grants service connection for this condition.

The Veteran's claims for service connection for Crohn's disease, diabetes mellitus, type II, COPD, and spinal stenosis with lumbar radiculopathy, bilateral lower extremities are being remanded to the RO due to procedural issues.

The Board has granted a 20 percent rating for recurrent dislocation of the left shoulder, effective December 9, 2002. The Veteran's service-connected chronic left C7 radiculopathy and proximal brachial plexopathy have also been rated as 20 percent disabling.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing the Veteran with a comprehensive opinion regarding his employability due to multiple service-connected disabilities.

The Veteran's lumbar disc disease status post laminectomy is rated at 20 percent, effective from October 6, 2008. The Board also found that the Veteran has radiculopathy of the lower extremities and granted a separate rating for this condition.

The Board finds that the Veteran's current low back disability did not originate in service and is not related to any incident or disease during his active duty. The Board also found no continuity of symptoms since service separation, thus denying both claims for service connection.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing at the RO.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a sinus condition, and lumbar strain with mild degenerative disc disease and L5-S1 radiculopathy. The evidence did not show chronic conditions related to these disabilities during or after service.

The Veteran's claims for increased ratings on an extraschedular basis are denied as the evidence does not show exceptional disability picture that renders application of the regular schedular standards impractical.

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

The Veteran's appeals were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during their pendency.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, as determined by the March 2011 Board decision. However, a new VA examination is required to determine if his service-connected disabilities would preclude him from engaging in substantially gainful employment.

The Veteran's claims for higher ratings for his service-connected psychiatric conditions and low back disability, as well as separate ratings for sciatica of the lower extremities, have been granted. Service connection has also been established for hypertension.

The Veteran's claim for an extension of the delimiting date and retroactive award of educational assistance benefits was denied as he did not meet the eligibility criteria due to his completion of the apprenticeship program in carpentry.

The Veteran's appeal involves multiple service-connected disabilities, including back pain, sciatica, shoulder issues, and hemorrhoids. The VA is directed to obtain all relevant medical records and schedule the Veteran for appropriate examinations to determine the current severity of his conditions.

The Board has determined that the Veteran's current low back disability, including lumbar spondylosis with L5 radiculopathy, is related to his service and grants service connection for this condition.

The Board has determined that the Veteran's current low back disability, diagnosed as foraminal stenosis, degeneration of lumbar spine with radiculopathy, and bilateral sacroiliitis, first manifested in service during active duty for training. The Veteran's right shoulder conditions are not found to be related to his service-connected low back condition.

The Veteran's low back disability and sciatica are not service-connected, but his right sacroiliac joint dysfunction is rated at 10%.

The Board has granted the Veteran's claim for service connection for major depressive disorder, finding that it is proximately due to his service-connected low back disability. The remaining claims are being remanded for further development.