Radiculopathy & sciatica decisions — 2014

The Veteran's claim for service connection is being remanded due to incomplete STRs and the need for further medical examination.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine and sciatica of both lower extremities, substantially contributed to his death from myocardial infarction. The appellant is also entitled to a TDIU due to her husband's service-connected disabilities.

The Veteran's claim for an initial rating in excess of 20 percent for cervical radiculopathy of the right upper extremity is being remanded due to additional development needed, including a VA examination.

The Veteran's thoracolumbar spine disability, including sciatica and radiculopathy of the right lower extremities, is found to be related to her active duty service. The claim for service connection is granted.

The Veteran's service-connected disabilities, including chronic lumbosacral strain with narrowing of L5-S1 and radiculopathy in both lower extremities, combine to preclude him from engaging in substantially gainful employment. The Board finds that TDIU is granted.

The Veteran's claim for an increased rating for his low back disability was granted, and he is now rated at 40 percent. His left lower extremity radiculopathy has been rated as 10 percent since August 4, 2003.

The Board has granted service connection for residuals of a left leg stress fracture and a cervical spine disability. The acquired psychiatric disorder claim is pending as the Veteran recently raised this issue, but no specific diagnosis or etiology was provided in the decision.

The Veteran's claim for service connection for cervical spondylosis at C5-C6, herniated nucleus pulposus C3-C4, and right C6-C7 radiculopathy was granted. The claims for bilateral radiculopathy of the lower and upper extremities (excluding right C6-C7), and a low back disability remain denied.

The Veteran's service-connected disabilities, including diabetes mellitus and orthopedic conditions, are found to be in equipoise with his ability to secure and follow substantially gainful employment. Therefore, the criteria for a total disability rating based on individual unemployability due to service-connected disabilities have been met.

The Board has determined that there is no evidence of a chronic low back or cervical spine disorder present during service, and the Veteran's current disabilities are not related to her active military service. The Veteran's hearing loss claim cannot be presumed as it did not manifest within one year after service discharge.

The Veteran has been granted service connection for PTSD, right shoulder degenerative joint disease, lumbar spine degenerative joint disease, and lower extremity radiculopathy. The respiratory disability claim is not supported by the evidence.,Service connection was established based on direct causation of these conditions in service.

The Board has found that the Veteran's current low back disorder is etiologically related to his in-service injury, and thus service connection for this condition is granted.

The Veteran's claims for increased ratings and earlier effective dates for his right leg radiculopathy were granted, while the claim to reopen a left ankle disability was denied.

The Board has remanded the Veteran's claims for additional development due to incomplete examinations and lack of consideration of certain factors.

The Veteran's lumbar spine disorder with left lower extremity radiculopathy is found to have been incurred in service.

The Veteran's degenerative changes of L5-S1 have been rated as 20 percent disabling, but the evidence does not support a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.,Left lumbar radiculopathy has been granted a separate 10 percent evaluation as secondary to service-connected degenerative changes of L5-S1.

The Board has dismissed the claim of entitlement to TDIU and denied claims for service connection for hearing loss, tinnitus, radiculopathy of the left lower extremity, and coronary artery disease. The partial grant includes a compensable disability rating for a burn scar of the right thigh and initial increased ratings for radiculopathy of the left lower extremity and coronary artery disease.

The Board has granted service connection for radiculopathy of the right lower extremity, finding it related to the Veteran's service-connected lumbosacral strain with degenerative changes.