Radiculopathy & sciatica decisions — 2014

The Veteran's appeal is being remanded for further examination and opinion to consider the combined effects of his service-connected disabilities on his employability.

The Board has remanded the Veteran's claim for an increased rating for his cervical spine disability due to incomplete VA examinations and lack of evidence regarding convalescence periods. The Veteran is not entitled to a separate rating for lower extremity symptoms as they are related to his lumbar spine disability.

The Veteran's appeal is being remanded for a videoconference hearing at the RO in St. Petersburg, Florida.

The Board has remanded the case due to incomplete records and for further development regarding service connection for a bilateral sciatic nerve strain and TDIU.

The Veteran's low back disability, including associated radiculopathy, did not meet the criteria for a rating in excess of 10 percent from April 1, 2010 to September 10, 2012.

The Veteran's appeal is being remanded for additional development and consideration of his claims for service connection for various disabilities.

The Veteran's PTSD was rated at 50 percent prior to October 24, 2013 and increased to 70 percent effective October 24, 2013.,PTSD remains rated at 70 percent since October 24, 2013. The Veteran's low back strain with degenerative disc disease was initially rated at 20 percent prior to October 16, 2013 and increased to 40 percent effective October 16, 2013.,Left lower extremity radiculopathy is currently rated at 20 percent. Right lower extremity radiculopathy remains rated at 10 percent.

The Veteran's back disability and sciatic nerve condition of the bilateral lower extremities are both granted service connection, as they are related to his in-service back disability.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the severity of his low back disability and bilateral radiculopathy. The claim for TDIU will also be addressed.

The Veteran's cervical spondylosis with radiculopathy to the left arm/hand is service connected, but there is no evidence of residuals from a shrapnel wound.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination. The issues on appeal include increased ratings for various service-connected disabilities.

The Veteran's death was not service-connected, and the Board found that he did not meet the durational requirement for a total disability rating in existence during his lifetime under 38 U.S.C.A. § 1318.

The Veteran's cervical and thoracolumbar spine disabilities have been rated as 10 percent each, but the VA examiners found that both conditions do not warrant a higher rating based on their current functional limitations.

The Veteran's service-connected disabilities, including L5-S1 bulging disc and myositis, seborrheic dermatitis, folliculitis, depressive disorder, right S1 radiculopathy, left S1 radiculopathy, and small hiatal hernia and gastritis, preclude him from obtaining or maintaining substantially gainful employment for which his education and occupational experience would otherwise qualify him. The Board finds that the criteria for TDIU are met.

The Veteran's appeal has been dismissed for the issues of entitlement to service connection for a bilateral ankle disorder and vertigo and cephalgia due to withdrawal by the Veteran.

The Veteran's claims for higher initial ratings for her service-connected degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. The RO found that the disability did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has determined that the Veteran's low back disorder, to include sciatica, was incurred in active service and grants entitlement to service connection.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for an acquired psychiatric disorder and coronary artery disease. The remaining issues have been denied.

The Veteran's service-connected disabilities are being reviewed to determine if they caused or contributed to his cause of death, which was terminal lymphoma. The Board has ordered a VA opinion on the etiology of the Veteran's cause of death.