Radiculopathy & sciatica decisions — 2013

The Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation, warranting a total disability rating for compensation purposes based on individual unemployability.

The Board has determined that the Veteran's current neck disabilities are not causally or etiologically related to active service.

The Veteran's appeal is denied as his service-connected radiculopathy of the left lower extremity does not warrant a disability rating in excess of 40 percent from January 24, 2013. Additionally, his TDIU claim was also denied.

The Veteran's initial claim for a higher rating for degenerative disk disease of the low back was denied prior to July 14, 2012.,A separate 10 percent evaluation has been granted for radiculopathy of the left lower extremity secondary to service-connected degenerative disk disease of the low back.

The Board has determined that the Veteran's neck and knee disorders are not service-connected, as there is no evidence of chronic conditions during or within one year after service. The current diagnoses do not meet the criteria for presumptive service connection.

The Veteran's claim for an increased rating for cervical strain was denied, but she received a separate 20% rating for right-sided radiculopathy and a combined 40% rating for both conditions. The TDIU claim was granted with the additional ratings.

The Board found that the Veteran's back condition and right leg sciatica did not have their onset during active service, nor were they related to her military service. The claims for service connection were denied.

The Board found that the Veteran's lumbar spine disability and left leg radiculopathy are not related to service or service-connected conditions, including peripheral neuropathy of the feet.

The Veteran's appeal is being remanded for additional development, including obtaining missing records and scheduling VA examinations to assess the severity of his service-connected disabilities and their impact on his daily activities and employment.

The Veteran's claims of service connection for lumbosacral spine, cervical spine, and radiculopathy disabilities are being remanded due to the need for additional development regarding whether his right shoulder dislocation has caused or made worse these conditions.

The Board has denied the Veteran's claims for service connection for cervical spine degenerative joint disease with left arm radiculopathy and lumbar spine degenerative joint disease due to a lack of new and material evidence. The claims were previously denied in August 2007, and no new or material evidence was submitted within one year of that decision.

The Veteran's claim for special monthly compensation (SMC) is denied as he does not meet the criteria under VA regulations, specifically failing to have a single service-connected disability rated at 100% and additional disabilities independently ratable at 60%.

The Veteran's service-connected disabilities do not render him unemployable, and thus his claim for TDIU is denied.

The Veteran's service-connected left hamstring injury with semitendinosus tear and degenerative joint disease of the left knee, along with a related sciatic nerve compression, do not render him unable to secure or follow substantially gainful employment due to his disabilities.

The Veteran's claim for service connection for arthritis of the hip joints is pending. The claim for a skin rash has been reopened but remains denied as new evidence does not relate to an unestablished fact necessary to substantiate the claim.,Service connection for diabetes mellitus, Type II is granted. The low back disability claim was previously denied and reopening was granted due to new evidence received. Service connection is established based on a finding that the current condition is related to active duty.,The Veteran's claim for service connection for sciatica and plantar fasciitis remains pending as new evidence does not relate to an unestablished fact necessary to substantiate the claim. The eye disability claim was previously denied but reopened due to new evidence received, however no service connection is granted as there is no link between current condition and active duty.,The Veteran's acquired psychiatric disability (PTSD, major depression, anxiety disorder) claim remains pending as new evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the Veteran's current low back disorder is not related to his military service, including a January 1988 injury. The claim for service connection was denied.

The Board found that the Veteran's current low back disability is not caused by or a result of his military service, and denied service connection for sciatica of the right lower extremity and sciatica of the left lower extremity.

The Veteran's initial compensable rating for a lower back disability with left lower extremity radiculopathy has been granted, and he is also entitled to a separate 10 percent rating for the left lower extremity radiculopathy. The TDIU issue remains part of his increased rating claim.

The Veteran's service-connected disabilities, including low back disability and radiculopathy of the right and left legs, did not preclude him from securing and maintaining substantially gainful employment prior to January 23, 2007.

The Board has remanded the case for additional development, including obtaining service treatment records and a medical opinion regarding the etiology of the Veteran's lumbar spine and sciatic nerve disabilities.