Radiculopathy & sciatica decisions — 2013

The Veteran's initial ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity have been granted, but he is seeking higher evaluations. The current ratings are based on limitation of motion and associated symptoms.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Board denied the claims for reopening of service connection for right and left knee disorders, cervical spine disorder, low back disorder, bilateral hip disorder, radiculopathy of upper extremities, neuropathy of lower extremities, and psychiatric disorder due to lack of evidence establishing a nexus between these conditions and service.

The Board has determined that the Veteran does not have a diagnosed right leg disability other than sciatic neuritis, and her psychiatric disorder is not related to service-connected disabilities. Therefore, both claims for service connection are denied.

The Veteran's sciatic nerve/low back disorder is found to be aggravated by his service-connected peripheral neuropathy of the lower extremities. The Board grants service connection for this condition.

The Board denied the Veteran's claims of service connection for various conditions, including knee disabilities, foot disability, hearing loss, and eye disability. The decision also noted that the Veteran did not meet the criteria for a compensable rating for his right ear hearing loss.

The Veteran's claim of entitlement to service connection for carpal tunnel syndrome of the left hand has been reopened and granted. The Board finds that there is sufficient evidence to establish a current disability, as indicated by medical records showing carpal tunnel syndrome. The Board also found that the Veteran's current condition is related to his period of service.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the severity of his service-connected low back disability and left lower extremity radiculopathy. Additionally, a TDIU evaluation must be addressed in connection with this appeal.

The Board has remanded the issues of entitlement to service connection for right and left lower extremity radiculopathy due to inadequate examination findings.

The Veteran's appeal includes claims for increased ratings and service connection, as well as a TDIU claim. The Board has ordered additional development to obtain medical records and VA examinations.

The Board has determined that further development is needed to determine the nature and etiology of any current back disorder, including whether it is related to service. The Veteran's claim will be returned for this purpose.

The Board has determined that the Veteran's claims for service connection and initial ratings for various disabilities, including PTSD, diabetes mellitus type II, diabetic neuropathy, atherosclerotic aorta by X-ray, erectile dysfunction, and kidney/liver disorders have been denied. The appeals are dismissed.

The Veteran has withdrawn his appeal, and as such, the Board does not have appellate jurisdiction to decide these issues.

The Board has determined that service connection is granted for degenerative disc disease and post-laminectomy syndrome of the lumbar spine, as well as radiculopathy of the right lower extremity, both found to be directly related to active duty service.

The Board granted the Veteran's claims for TDIU, DEA benefits, and service connection for psoriatic arthritis of the bilateral hips, chronic costochondritis/Tietze disease of the thoracic rib cage, bilateral CTS, and cicatricial neuromacutis (also claimed as headaches). The effective dates for these determinations are based on the earliest date entitlement arose.

The Veteran's peripheral neuropathy of the upper and lower extremities is currently rated at 20 percent prior to May 29, 2012, and at 30 percent thereafter.

The Veteran's appeal is being remanded for additional development, including obtaining new VA examinations and updating medical records.

The Board has granted a higher initial rating for right lower extremity sciatica and a scar, but denied TDIU. The Veteran's service-connected conditions have been found to meet the criteria for moderate incomplete paralysis of the sciatic nerve.

The Veteran's claims for higher ratings were denied, but the Board acknowledged that he had raised an informal claim for a Total Disability Rating Based on Individual Unemployability (TDIU) and remanded the case to consider this issue.

The Veteran's appeal is being remanded to the RO in San Diego for a videoconference hearing. The issues of entitlement to an initial compensable rating and service connection are pending.