Radiculopathy & sciatica decisions — 2014

The Veteran's service-connected disabilities render him incapable of gainful employment consistent with his educational background and occupational experience, warranting a TDIU.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, but his combined disability rating is 60%. The case is REMANDED to determine if referral of the claim for an extraschedular TDIU rating under 38 C.F.R. § 4.16(b) is warranted.

The Board found that the Veteran's cervical degenerative joint disease with cervical radiculopathy did not develop within one year of discharge and was not related to service, including a fall on ice during service.

The Veteran's sciatic nerve disability of the left lower extremity is rated at 10 percent, effective June 3, 2005. No separate rating for the right lower extremity was granted.

The Board granted a disability rating of 40 percent for the Veteran's degenerative disc disease of the lumbar spine effective October 23, 2009. The claim for an increased rating for radiculopathy of the right lower extremity was also granted.

The Veteran's lumbar spine disability is rated at 40 percent, effective March 1996. His right hip arthritis with radiculopathy has been rated as 20 percent since June 1, 2006 and 10 percent for the period from September 23, 2002 to February 16, 2011. The Veteran's TDIU claim is denied.

The Veteran's service connection claims for right arm, right leg, left leg radiculopathy, hemorrhoids, and glaucoma have been denied as there is no current evidence of these conditions.

The Board has determined that additional development is necessary due to conflicting evidence regarding the etiology of the Veteran's claimed low back disability and a need for further examination. The issues of service connection for lower extremity radiculopathy, right shoulder disability, and bilateral knee disabilities are also on appeal.

The Veteran's appeal is being remanded for further development, including obtaining VA examinations and Social Security Administration records.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule new VA examinations for his service-connected lumbar spine, bilateral lower extremity, and right hip disabilities. The case will be readjudicated after these actions.

The Board has determined that the Veteran's cervical spine and low back disabilities, as well as his right and left leg sciatic neuropathies, were not incurred in or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's service-connected degenerative disc disease of the lumbar spine and right lower extremity radiculopathy have been granted initial ratings of 10 percent each, effective October 1, 2008.

The Veteran's service-connected right sciatic nerve impairment is shown to have been productive of complaints that include pain, weakness and tingling but not moderate incomplete paralysis, neuritis, or neuralgia. The Board finds the evidence does not support an evaluation in excess of 10 percent.

The Board has remanded the case for further development due to inadequate examination findings and issues related to radiculopathy and lumbar spine disability.

The Veteran's degenerative disc disease of the lumbar spine and associated radiculopathies have been rated based on their current manifestations, with no higher ratings granted. The Veteran has also been awarded a TDIU due to her service-connected disabilities.

The Veteran's claims for service connection for various conditions, including right hip and foot disorders, bilateral hearing loss disability, tinnitus, stress incontinence (claimed as bladder disorder), left and right lower extremity radiculopathy have been denied. The Veteran did not provide evidence of a current disability for the claimed hearing loss disability.

The Veteran's appeal is being remanded for further development, including a VA spine examination and adjudication of the TDIU claim. The case will be returned to the Board after completion of these actions.

The Veteran's partial sacralization of L5 with spina bifida and associated radiculopathy have been rated at the highest available rating based on their current manifestations.,The Veteran's right lower extremity radiculopathy has not met the criteria for a higher disability rating.

The Board has found that the currently demonstrated ulnar neuropathy at right elbow was caused by service, and therefore grants service connection for this condition.

The Board has decided to remand the case for further development, including obtaining SSA records. The Veteran's claims for service connection for low back disability and sciatic nerve disability as secondary to a low back disability are on appeal.