Radiculopathy & sciatica decisions — 2013

The Board has denied the Veteran's claims for service connection for right and left sciatic nerve impingement, diagnosed as sacroiliitis, and low back disability, diagnosed variously as sacroiliacs and low back strain. The Board found that there was no evidence of a nexus between these conditions and service or any service-connected disabilities.

The Veteran's appeal is being remanded due to incomplete development of his claims, specifically regarding the effect of flare-ups on his spine disability and whether pain significantly limits functional ability during flare-ups or when used repeatedly over a period of time.

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 his service-connected lumbar spine disability and bilateral lower extremity radiculopathy.

The Veteran's claim for an increased rating for his service-connected mechanical low back pain with bilateral radiculopathy of the lower extremities is being remanded due to the need for a new VA examination.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and associated radiculopathy, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for a higher rating for lumbosacral strain from February 27, 2009 was denied. The appeal is also pending for total disability based upon individual unemployability.

The Veteran's residuals, right knee injury, status post total knee arthroplasty, are rated at 60 percent from April 1, 2006 to December 5, 2012.

The Veteran withdrew his appeal for the ratings assigned for low back disability and left lower extremity radiculopathy in September 2013.

The Veteran's service-connected degenerative disc disease of the lumbar spine and associated radiculopathy are currently rated at their maximum allowable under VA rating criteria, with no additional compensation awarded.

The Veteran's service-connected back disability and radiculopathy do not result in the permanent loss of use of one or both feet, which is required for financial assistance in purchasing an automobile or adaptive equipment.

The Veteran's appeal is remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected low back disability. The claims for increased rating and TDIU are inextricably intertwined.

The Veteran's claim for increased ratings for his low back disability was denied. The RO granted a 20 percent rating effective March 24, 2008 and a 40 percent rating effective September 21, 2010.

The Veteran's initial schedular ratings for low back injury residuals and right lower extremity radiculopathy have been denied as his symptoms do not more nearly approximate the criteria for higher ratings under the applicable rating schedule.

The Veteran's appeal has been withdrawn due to notification from the appellant.

The Veteran's combined disability evaluation is currently 80 percent, which satisfies the criteria for a TDIU. The Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Veteran's appeals were dismissed due to his death during the pendency of the appeal.

The Board denied the Veteran's claims for schedular and extraschedular evaluations in excess of 10 percent for degenerative disc and joint disease with right radiculopathy.

The Veteran's service-connected disabilities (left foot drop with radiculopathy and low back disorder) prevent him from obtaining or maintaining all gainful employment for which his education and occupational experience would otherwise qualify him.

The Veteran's appeal was denied for various issues, including service connection for a sleep disorder and higher initial ratings for certain disabilities. The decision did not address the issue of TDIU.

The Board found no evidence to support the Veteran's claims for service connection of a cervical spine disorder and right upper extremity radiculopathy, concluding that there is insufficient medical evidence linking these conditions to his military service.