Radiculopathy & sciatica decisions — 2012

The Veteran's TDIU claim is being remanded for additional development, including a medical opinion regarding the impact of his service-connected disabilities on his ability to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including Scheuermann's disease with degenerative disc disease, GERD with hiatal hernia, bilateral hearing loss, mechanical episodic brachial plexus compression radiculopathy of the right upper extremity, mechanical episodic brachial plexus compression radiculopathy of the left upper extremity, and tinnitus, are found to be so disabling as to render him unable to care for his daily personal needs or protect himself from the hazards and dangers of daily living without regular aid and attendance. The Veteran's need for such aid is granted.

The Board denied the Veteran's claims for service connection and increased evaluation of his right knee disability. The Veteran appealed this decision to the Court, which vacated part of it but did not address whether new and material evidence had been received.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's current bilateral wrist condition is service-connected, and the Board grants his appeal for this issue. The remaining issues are referred to the RO for further development.

The Board has determined that the Veteran's service-connected right lower extremity radiculopathy is manifested by moderate, incomplete paralysis characterized by sensory impairment due to decreased sensation to soft touch, pinprick, temperature testing, as well as abnormal vibratory sense in the knees and two point discrimination in the right toes. There is evidence of functional impairment due to pain, decreased sensation, and decreased coordination.

The Veteran's service-connected degenerative disc disease of the lumbar spine with lumbar strain and radiculopathy was granted a 60 percent disability rating effective May 22, 2002.

The Veteran's appeal has been dismissed as he withdrew his appeal for all issues before the Board.

The Board has remanded the case for further development, including verification of the Veteran's National Guard and Army Reserve service records.

The Veteran's appeal is being remanded for further development to obtain VA treatment records from the Stevensville Community Clinic, which may contain relevant information regarding his service-connected retention cyst and radiculopathy.

The Veteran's service-connected right leg sciatica did not meet the criteria for a higher evaluation, as it was not manifested by severe incomplete paralysis with marked atrophy of the right thigh and calf muscles.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination and clarification of his current employment status.

The Board has determined that the Veteran's back disability, diagnosed as chronic lumbar sprain with right sided radiculopathy and spondylosis, was aggravated by his service-connected right knee disability. The claim for TBI residuals other than post-traumatic headaches is remanded due to incomplete records.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine and left foot drop with radiculopathy was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has reopened the Veteran's claim of service connection for a kidney disability and finds that it is related to his in-service injury. The Veteran's left thigh muscle disability is also found to be related to his in-service injury, but an examination is needed to determine if he currently has sciatic nerve neuropathy.

The Veteran's appeal regarding his lumbar disc disease with history of laminectomy was denied, and he is currently receiving a 40% disability rating effective from August 30, 2006. The case has been remanded for further development.

The Veteran's death was not caused by a service-connected disability, as his cancer of the oropharynx is not associated with herbicide exposure during service. The Board finds that the medical evidence does not support a finding of service connection.

The Board denied service connection for various conditions, including a herniated disc of the lumbar spine and left sciatic nerve damage, as secondary to service-connected disabilities. The Veteran's skin disorders were not found to be related to his military service.

The Board finds that the evidence is in equipoise as to whether the Veteran's current lumbar spine disorder with left sciatica is related to his military service, and grants service connection for this condition.

The Veteran's claim for service connection for a neurological disorder of the left lower extremity, to include sciatica, is being remanded due to the need for additional development including an examination.