Radiculopathy & sciatica decisions — 2013

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU since March 28, 2006 and his unemployability is due to the severity of these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess the severity of his service-connected lumbar spine disability. The case will be readjudicated following this development.

The Veteran's spondylolisthesis and left lower extremity radiculopathy have been rated at the maximum available rating of 20 percent. The Board found that there is no evidence to warrant an increased rating for these conditions.

The Board has remanded the case for further development and consideration, including obtaining a new VA opinion regarding whether the Veteran's lumbar spine conditions are related to service-connected muscle strain of the low back.

The Veteran requested to withdraw his claim of entitlement to service connection for ventral and umbilical hernias. The remaining claims are remanded for further development.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's left hip sciatica is related to his military service, including any aggravating factors during service in Iraq.

The Veteran meets the percentage requirements for TDIU due to one service-connected disability rated at 40 percent or more and his combined service-connected disabilities are rated at 70 percent. The Board finds that the Veteran's service-connected disabilities render him unemployable.

The Veteran withdrew his appeals for increased evaluations of his service-connected lumbar spine disability and associated radiculopathy, as well as a TDIU rating.

The Board found that the Veteran's upper and lower extremity disabilities, including cold injury residuals, are not related to his active military service. The lumbar spine disorder is linked to his service-connected disability.

The Veteran's neurological abnormalities (radiculopathy) of the lower extremities, including right and left lower extremity radiculopathy, are rated at 10 percent for the period from August 24, 2005 to October 31, 2011.

The Veteran's claim for service connection for bursitis/hallux valgus of the left foot was denied as her condition did not have its onset during active service or result from disease or injury in service. The Board found that there is no causal relationship between the Veteran's current bunion deformities and her service.

The RO reduced the evaluation assigned to the Veteran's lumbar disc degeneration, status post laminectomy, L5, and discectomy, L5-S1, with right lower extremity radiculopathy from 40 percent to 10 percent without observing applicable law and regulations. The decision is void ab initio.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting new examinations. The case will be readjudicated after the development.

The Veteran's degenerative disc disease of the lumbar spine does not result in unfavorable ankylosis or incapacitating episodes, and there is no objective evidence of neurological abnormalities related to the disability. Therefore, a rating in excess of 40 percent for this condition has not been met.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy combine for an 80 percent disability rating since December 29, 2010, which renders the Veteran unemployable. The Board finds that the criteria for TDIU are met.

The Veteran's appeal of service connection for carpal tunnel syndrome has been withdrawn. The Board is dismissing the appeal.

The Board has remanded the claims for service connection for degenerative disc disease and radiculopathy of the cervical and lumbar spine, as well as a respiratory disorder. The Veteran's claim is being reviewed again due to new evidence submitted since previous denials.

The Veteran's service-connected disabilities do not result in the loss or permanent loss of use of one or both feet, as determined by a VA examination. The case is REMANDED for further development.

The Veteran's low back disability is currently rated at 20 percent, and the claims for increased ratings are denied as his symptoms do not warrant a higher rating under the applicable criteria.

The Veteran's lumbosacral strain and associated left-sided nerve involvement have been rated at 10 percent since July 2008. The VA examiner found that the Veteran’s range of motion exceeded the criteria for a higher rating under the General Rating Formula.