Radiculopathy & sciatica decisions — 2013

The Veteran's left upper extremity radiculopathy, affecting the ulnar nerve, was found to be moderate in severity prior to November 7, 2012. After that date, his disability remained at a 20 percent rating.

The Veteran's appeals for increased ratings for lumbar spine degenerative disc disease, left and right lower extremity radiculopathy have been dismissed as the Veteran withdrew his appeal.

The Board has reopened the Veteran's claim of service connection for a low back disorder and granted it, finding that new and material evidence had been submitted to support the claim.

The Veteran's claims for increased disability ratings for lumbar strain and disc disease, as well as right L3/L4 radiculopathy are being remanded due to the need for additional development including obtaining medical records and scheduling a VA examination.

The Veteran's TDIU claim is being remanded for additional development as the prior examination report was inadequate and did not address the impact of his service-connected disabilities in combination on his employability.

The Veteran's service-connected disabilities render him unemployable, as his combined rating is at least 60 percent and he has multiple service-connected conditions that limit his ability to work. The Board finds the criteria for TDIU have been met.

The Veteran's appeal is denied as there are no separate compensable ratings for neurological manifestations of his low back disability other than left lower extremity radiculopathy, and a rating in excess of 10 percent for left leg radiculopathy is not warranted.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal is being remanded to obtain updated VA treatment records, afford VA examinations, and issue a Statement of the Case (SOC) and Supplemental Statement of the Case (SSOC).

The Board has reopened the Veteran's claim for service connection and granted it, finding that there is sufficient evidence to establish a nexus between his in-service injury and his current cervical spine disability. The Veteran's claim of entitlement to benefits under 38 C.F.R. § 4.30 based on convalescence due to surgery was dismissed as the Veteran did not have cervical spine surgery.

The Veteran's appeal is being remanded to obtain medical opinions regarding the origins of his left leg disorder and to schedule a VA examination for his low back disability. The claims are also being remanded due to allegations that his service-connected low back disability has worsened.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to her service-connected lumbosacral strain and sciatica.

The Veteran's service-connected degenerative changes of the lumbar spine and associated left leg radiculopathy have rendered him unable to secure and follow a substantially gainful occupation, warranting a TDIU rating effective September 25, 2006.

The Veteran's appeal is being remanded for a Travel Board hearing due to his inability to attend the previously scheduled hearing.

The Board has remanded the case for additional development, including obtaining medical records and a VA examination to assess whether the Veteran's current low back disorder and lumbar radiculopathy with right foot drop are related to service.

The Board has remanded the case due to the Veteran's request for a personal hearing. The claims of reopening service connection for hearing loss, right ear and tinnitus are still pending.

The Board finds that the preponderance of evidence is against a finding that the Veteran's low back condition, left lower extremity radiculopathy, and left hip disability are related to service.,Service connection for a low back disability, left lower extremity radiculopathy, and left hip disability is denied.

The Board has determined that the Veteran's claimed conditions are not service-connected, with no evidence of a direct connection to his military service or any service-connected disability.

The Veteran's claim for increased ratings for his service-connected lumbosacral spine disability is being remanded to obtain additional medical records and to schedule the Veteran for an examination during a flare-up of symptoms.

The Veteran's combined rating for her service-connected conditions is 40 percent, which does not meet the percentage requirements for TDIU. The Board finds that she is not unemployable due to her service-connected disabilities.