Radiculopathy & sciatica decisions — 2012

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance or by reason of being housebound.,Service connection has been granted for a bowel disorder (chronic constipation), but it does not meet the criteria for special monthly compensation.

The Veteran's appeal is being remanded for a travel board hearing before a Veterans Law Judge at the Muskogee RO.

The Board has remanded the case due to the need for further examination and development of records, including VA treatment records.

The Veteran's service-connected disabilities are deemed to prevent him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Veteran's disability picture, as it relates to his service-connected lumbar spine disability, cannot be characterized as an exceptional case so as to render the schedular evaluation inadequate. The evidence of record demonstrates that the Veteran's service-connected disabilities preclude him from securing and maintaining substantially gainful employment.

The Veteran's claim for an increased rating for his service-connected left S1 radiculopathy is being remanded due to the need for further evidentiary development, including a more current VA examination.

For the period effective June 1, 2003 through April 26, 2007, the Veteran's service-connected low back disorder was manifested primarily by characteristic pain on motion.,Since April 27, 2007, the Veteran's service-connected low back disorder has been manifested primarily by pain on motion, tenderness to palpation, paravertebral spasms, a right sided pelvic tilt, occasional radiculopathy, and limitation of flexion to as little as 30 degrees.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for additional development, including a VA examination and review of treatment records.

The Board has determined that additional development is needed before the issue on appeal can be adjudicated. The Veteran's claim for service connection for a back disorder, including degenerative changes of the lumbar spine and radiculopathy symptomatology, will be remanded to allow for further examination and opinion.

The Veteran's service-connected cervical spine disability is currently rated as 10 percent disabling prior to February 3, 2009 and 20 percent disabling from that date. The Veteran's low back strain is currently rated as 10 percent disabling throughout the appeal period.,The Veteran's anterior neck scar is currently rated as noncompensable prior to February 3, 2009 and 10 percent disabling beginning on that date. The Veteran's seborrheic dermatitis is currently rated as noncompensable throughout the appeal period.

The Board has remanded the case for further development, including obtaining clarification of the Veteran's employment history and seeking a VA medical opinion regarding his ability to secure and follow substantially gainful employment due to service-connected disabilities. The case will be returned to the Board after these actions are completed.

The Veteran's combined service-connected disabilities do not meet the minimum schedular criteria for a TDIU, and his employment is not prevented by these conditions alone.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess his service-connected lumbar spine DDD and right leg radiculopathy. The TDIU claim has also been raised by the record.

The Veteran's appeal is being remanded for additional development, including obtaining records of her lumbar disc surgery and providing a VA examination to determine the etiology of any current low back disability.

The Board has determined that additional VA examinations and a search for private treatment records are needed to properly evaluate the Veteran's claims. The Veteran is also denied service connection for sciatica of the right lower extremity, tension headaches secondary to hypertension, bilateral hearing loss disability, degenerative arthritis of the lumbar spine, and hypertension.

The Board denied service connection for neuropathy and radiculopathy of the lower extremities, as well as a skin disorder due to herbicide exposure. The Veteran's PTSD was rated at 50 percent.

The Board has denied the appellant's claims for service connection for various conditions, including anxiety disorder, hemorrhoids, bilateral hearing loss, tinnitus, athlete's foot and toenail fungus, plantar fasciitis, sinus disability, high cholesterol, heart disability, back disability with sciatica, numbness of the right lower extremity, ruptured disc, neck injury, and left arm and shoulder disability. The Board found that there was no evidence to support these claims.

The Veteran's appeal is remanded due to his failure to report for a VA examination and the need for additional evidentiary development, including an orthopedic and neurologic evaluation of his service-connected lumbar spine disability.