Radiculopathy & sciatica decisions — 2014

The Veteran's back disability is currently rated at 40 percent, but no higher. The Veteran's lower extremity radiculopathy is currently rated at 20 percent, but no higher.

The Veteran's appeal is remanded for further development, including obtaining additional VA treatment records and affording him a VA examination to evaluate the severity of his service-connected low back disability. The TDIU claim will also be addressed.

The Board has remanded the case for additional development of the Veteran's service personnel records, including those pertaining to his USAR service. The claims for left knee disability, low back disability, and bilateral radiculopathy are inextricably intertwined with this request.

The Veteran's claim for a separate 10 percent rating for right lower extremity radiculopathy before January 6, 2010 was granted. The effective date is the date of receipt of the new claim on September 4, 2007.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence linking her current condition to her military service.

The Veteran's appeal is being remanded for additional development, including a new VA examination and completion of a formal application for TDIU.

The Veteran's claim for a TDIU has been granted due to the combined effect of his service-connected disabilities, which meet the schedular threshold requirement.

The Veteran's claims for service connection for right carpal tunnel syndrome and lumbar degenerative disc disease with right lower extremity radiculopathy are being remanded due to the need for additional medical examinations.

The Board has remanded the case for further action, including scheduling a hearing and updating the Veteran's records.

The Veteran is unable to secure and maintain substantially gainful employment as a result of his service-connected disabilities, including right sacroiliitis, right lower extremity radiculopathy associated with right sacroiliitis, and right shoulder disability. The Board has granted entitlement to a TDIU on an extraschedular basis.

The Veteran's combined rating for his service-connected disabilities is 50 percent, which does not meet the schedular criteria for a TDIU. The Board finds that referral of the TDIU claim for extra-schedular consideration is not warranted.

The Veteran's lumbar spine disability is rated at 10 percent, and his left lower extremity radiculopathy is also rated at 10 percent. The Board denied the Veteran's claims for higher ratings as there was no evidence of incapacitating episodes or other factors warranting a higher rating.

The Veteran's appeal is being remanded for further development, including obtaining additional treatment records and providing a VA examination to determine the nature and etiology of any current left knee disability, as well as evaluating his psychiatric and low back disorders. The claims will be returned to the Board after these actions are completed.

The Veteran's initial evaluations for her L5-S1 disc herniation protrusion were denied.,For the period prior to January 29, 2007, she was not entitled to an evaluation in excess of 10 percent. Since then, she has not been entitled to an evaluation in excess of 40 percent.

The Veteran's lumbosacral strain resulted in a 20 percent rating, and his radiculopathy of the right lower extremity was rated at 10 percent. The claims for higher ratings were granted.

The Veteran's degenerative changes of the thoracolumbar spine are rated at 20 percent, effective May 19, 2011. His left lower extremity radiculopathy is currently rated at 10 percent.

The Veteran's appeal is being remanded to afford him a VA examination for his upper extremity radiculopathy and carpal tunnel syndrome, as well as an orthopedic and psychiatric examination for his low back disability and PTSD. The case will be readjudicated after all appropriate development.

The Board found that the Veteran's radiculopathy and hypertension were not incurred in service, but granted service connection for her low back disorder (including lumbar radiculopathy) as a direct result of active duty.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current hearing loss disability in the left ear, and that the Veteran did not meet the criteria for an initial rating greater than 20 percent prior to June 17, 2010, or greater than 40 percent thereafter for disc disease of the lumbar spine. The claim for increased ratings for left lower extremity radiculopathy was also denied.