Radiculopathy & sciatica decisions — 2013

The Veteran's low back disability was rated at 20 percent prior to September 26, 2003 and granted a rating of 20 percent thereafter. The Board also found that the Veteran was entitled to TDIU from August 28, 2003 to February 4, 2004.

The Board has determined that the VA examination is inadequate and remands the case for further development, including obtaining treatment records and scheduling a VA orthopedic/neurological examination.

The Veteran's thoracolumbar spine disability is rated at 20 percent, effective from the date of service discharge. He also has separate ratings for right and left lower extremity radiculopathy.

The Board has granted service connection for degenerative disc disease of the cervical spine and radiculopathy of the right upper extremity, finding that these conditions are related to service.

The Veteran's claim of service connection for a neck disability was reopened and granted, with an initial rating of 10 percent effective August 31, 2004.,Service connection for myelopathy, radiculopathy of the bilateral upper extremities, and radiculopathy of the bilateral lower extremities were also granted as secondary to a neck disability. The Veteran's low back injury was rated at various levels from 10 percent to 40 percent.

The Board has granted the Veteran's claim for a TDIU rating, finding that her service-connected disabilities prevent her from securing or following substantially gainful employment.

The Board found that the Veteran does not meet criteria for service connection for PTSD, and his claimed low back disorder is best characterized as primary insomnia. The Veteran's other claims of service connection were denied due to lack of a diagnosed condition within one year post-service.

The Board granted a 30 percent rating for cervical spondylosis, denied compensation under 38 U.S.C.A. § 1151 for a right leg disability, and remanded the other issues.

The Veteran's claim for TDIU was denied as he did not meet the schedular requirements prior to May 3, 2005 and there is no evidence of unemployability due to his service-connected disabilities prior to that date.

The Board has decided to remand the case for further development, including obtaining updated medical evidence and a VA examination to assess the Veteran's employability due to his service-connected disabilities.

The Veteran is seeking service connection for various disabilities including a respiratory disability, sinusitis, degenerative disc disease of the lumbar spine, lumbar radiculopathy, postoperative residuals of a cervical spine injury, left arm and shoulder disability, an acquired psychiatric disability (PTSD), and bilateral pes planus. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for sinusitis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for degenerative disc disease of the lumbar spine on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for lumbar radiculopathy on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for postoperative residuals of a cervical spine injury, status post fusion on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for left arm and shoulder disability on a secondary basis. The claims are being remanded to allow for further development.,The Veteran is seeking service connection for an acquired psychiatric disability (PTSD). The claims are being remanded to allow for further development of the claim, including consideration of PTSD under Clemons v. Shinseki, 23 Vet. App. 1 (2009).,The Veteran is seeking service connection for bilateral pes planus based on a presumption of soundness due to the absence of pes planus at entrance into service and exposure to asbestos and tear gas during service.

The Veteran's claims for increased ratings for lumbosacral DDD with L4 wedging, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were granted. The effective date is July 7, 2008.

The Veteran's appeal is granted for service connection for radiculopathy of the right lower extremity. The issue of a rating in excess of 40 percent for lower lumbar muscle strain was withdrawn by the Veteran, and thus no further action is required.

The Veteran's service-connected intervertebral disc syndrome with left lower extremity radiculopathy is currently rated at 20 percent, and the evidence does not support a higher rating.

The Veteran's claims for service connection are being remanded due to the need for additional development, including an addendum opinion regarding a congenital defect of spondylolisthesis and its relationship to military service.

The Board denied both claims for service connection, finding that the Veteran's cervical spine and respiratory disorders pre-existed his ADSW service and were not aggravated by it.

The Veteran's service-connected conditions do not render him unemployable due to their severity, as the VA Director of Compensation and Pension Service found that his disabilities did not preclude employment.

The Board denied service connection for sleep apnea and spine disabilities, finding that the conditions were not related to active duty service.

The Veteran's right shoulder disability is rated at 30 percent, and his cervical radiculopathy with paresthesias and carpal tunnel syndrome of the right upper extremity is rated at 20 percent. The Board has granted these ratings.

The Veteran's claims for increased ratings for his lumbar spine disability, left and right lower extremity radiculopathy were denied as the evidence did not show that his disabilities warranted a higher rating.