Radiculopathy & sciatica decisions — 2014

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a new opinion regarding whether the Veteran's numbness of the toes is related to his in-service cold injury/frostbite or other etiology.

The Board has remanded the case for further development and readjudication due to a previous denial of an increased rating for left upper extremity radiculopathy. The Veteran is required to provide additional medical records and undergo a VA neurological examination.

The Veteran is service-connected for multiple disabilities and finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected lumbosacral spine and left leg disabilities. Therefore, the Board grants a TDIU.

The Veteran's service-connected IVDS and bilateral radiculopathy have been rated based on their current manifestations, with the right lower extremity receiving a higher rating than the left.

The Veteran's TDIU claim is being remanded for additional examinations to assess the functional impairment caused by his service-connected disabilities and for further development.

The Veteran's cervical spine disability and associated radiculopathy have been rated based on their severity, with the highest ratings granted for both conditions.

The Veteran's claim for service connection for a gastrointestinal disorder (claimed stomach disability) has been reopened and is granted. Service connection is also granted for sinusitis, bilateral lower extremity arthritis as secondary to service-connected disability, left upper extremity arthritis as secondary to service-connected disability, and right lower extremity radiculopathy.

The Veteran's appeal is being remanded for additional examination and to obtain VA treatment records. The issues are whether she should receive higher disability ratings for her service-connected back and leg conditions.

The Board has remanded the case for several reasons, including obtaining Social Security Administration (SSA) records and scheduling a VA examination to determine the nature and severity of the Veteran's neurological impairment due to arachnoiditis. The issues of service connection for a thoracolumbar spine disability and an increased rating for PTSD are also pending.

The Veteran's service-connected right leg radiculopathy is currently rated at 20 percent, which reflects moderate incomplete paralysis of the sciatic nerve. The Board finds that this rating adequately compensates for his disability.

The Veteran's claims for higher initial ratings for postoperative degenerative disc disease of the lumbar spine, postoperative residuals of a right knee injury, and eczema have been denied. The VA has not found sufficient evidence to grant any of these claims.

The Board denied the Veteran's claims for higher ratings for her left lower extremity radiculopathy and service connection for bladder and bowel impairment associated with her lumbar strain due to her failure to report for a VA medical examination.

The Board is reopening the Veteran's claim for service connection for degenerative disc disease of his lumbar spine with left L4 radiculopathy and remanding all other claims to obtain additional medical opinions regarding their merits. The TDIU claim is also being remanded.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's claim for an extraschedular rating for his low back disability was denied by the Director of Compensation and Pension Service, who found that the disability is adequately compensated under the regular rating schedule.,A separate 10 percent rating for left lower extremity radiculopathy has been granted.

The Veteran's claims for service connection were denied multiple times, but the July 2009 rating decision granted them with an effective date of June 13, 2005. The Board determined that the effective date should be August 1, 1992, based on the receipt of official service treatment records from the service department.

The Veteran's claims for increased ratings for his service-connected disabilities are being remanded due to the need for additional examinations to assess the current severity of his left leg venous insufficiency and multilevel L5 degenerative joint disease, discogenic disease from L3 to S1, lumbar myositis, lumbar strain, and lumbar spondylosis.

The Veteran's claim for vocational rehabilitation benefits was denied because he is already employed in a suitable position and does not have an employment handicap due to his service-connected disabilities.

The Veteran's appeal has been withdrawn, and his claims for increased ratings have not been decided by the Board.

The Veteran's PTSD is rated at 100% since June 3, 2004. His tinnitus is service-connected and rated as secondary to his hypothyroidism. The Veteran's bronchitis is not compensable but warrants a rating of 100%. Other conditions are either not shown or do not warrant increased ratings.