Radiculopathy & sciatica decisions — 2013

The Veteran's cervical spine disability has not been manifested by unfavorable ankylosis of the entire cervical spine or productive of any incapacitating episodes within the past 12 months. No neurological pathology consistent with a separate neurological disability has been shown.

The Board has granted service connection for a right lower extremity disorder (claimed as a right leg disorder) secondary to the service-connected lumbosacral degenerative disc disease. The claim for an increased rating in excess of 20 percent for left knee degenerative joint disease remains denied.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent him from securing or following any substantially gainful employment.

The Board found that there was no additional low back disability due to VA negligence or fault, and thus compensation benefits under 38 U.S.C.A. § 1151 are not warranted.

The Veteran's lumbar spine disability and associated radiculopathy are currently rated at 40 percent, effective from April 28, 2009. The Board finds no basis for a higher rating.

The Veteran's lumbosacral spine disability was evaluated at 40 percent prior to May 12, 2011. The initial evaluation for left lower extremity radiculopathy was also granted at 10 percent.

The Board has remanded the Veteran's claims for increased evaluations of his low back and left lower extremity radiculopathy disabilities, as well as his claim for a TDIU. The case is being returned to the RO/AMC for further development.

The Veteran's cervical spine disability was granted a 20 percent evaluation from July 21, 2006 until December 16, 2008. From December 16, 2008, the Veteran is not entitled to an increased rating for her cervical spine disability.

The Veteran's radiculopathy of the left lower extremity has been rated at 40 percent since April 25, 2012. The Board found that his condition did not warrant a higher rating.

The Veteran's appeals have been withdrawn, and thus the cases are dismissed.

The Veteran's service-connected disabilities, including bilateral Achilles tendonitis and a low back disorder, combine to provide him with at least a 60 percent rating. The Board finds that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claim for service connection for a bilateral hip disorder is being remanded due to the need for additional development, including obtaining her complete service treatment records and examining her current hip conditions.

The Board found no evidence to support the Veteran's claim that his current low back disability, including sciatic nerve involvement, was caused by events or conditions during service. The examiner concluded there is no nexus between the Veteran's claimed disabilities and his active duty.

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

The Veteran's service-connected lumbosacral muscle strain and associated radiculopathy have not met the criteria for higher disability evaluations.

The Board has determined that the appellant did not require regular aid and attendance prior to June 12, 2009, as evidenced by her ability to care for herself based on VA examinations conducted in April 2004 and June 2009. The effective date of the award is therefore denied.

The Board has determined that the Veteran does not have radiculopathy of the right lower extremity, and thus service connection for this condition is denied.

The Veteran's claims for higher initial ratings for lumbar spine degenerative disc disease and left lumbar radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point during the appeal period.

The Veteran's combined disability evaluation for compensation is 50 percent effective March 19, 2003. The criteria for entitlement to a TDIU are not met.