Radiculopathy & sciatica decisions — 2014

The Board has determined that the Veteran's sciatic nerve disability did not have its onset in service and is not etiologically related to service. As a result, the claim for service connection for a sciatic nerve disability is denied.

The Veteran's degenerative disc disease of the lumbar spine and associated radiculopathy are related to her military service, and she is granted service connection for these conditions. The issue of an initial compensable rating for bilateral plantar fasciitis remains pending.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of a Statement of the Case regarding the hepatitis claim.

The Veteran's combined service-connected disability rating is 50 percent, which does not meet the criteria for a TDIU as per VA regulations. The Board finds that the Veteran is not unemployable due to his service-connected disabilities and therefore denies the claim.

The Board has denied the Veteran's claim for a TDIU rating due to service-connected disabilities, finding that his conditions do not combine to render him unable to secure or follow substantially gainful employment.

The Board has remanded the case for additional development, including a VA examination to evaluate the service-connected back disability and its associated radiculopathy. The issues of increased rating for the back disability and separate compensable rating for radiculopathy are pending.

The Board has reopened the claim for service connection for a low back disability and granted it. The other issues on appeal are pending further adjudication.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain, urinary incontinence, bowel incontinence, radiculopathy of the left and right lower extremities was granted. The Veteran is currently rated at 40 percent for lumbosacral strain, with no other compensable evaluations assigned.

The Veteran meets the schedular requirement for a TDIU rating, and his service-connected disabilities are shown to preclude him from securing and following substantially gainful employment consistent with his educational and work background.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not related to her active duty service.

The Veteran's appeal is being remanded for further examination to determine if his orthopedic appliances cause wear or tear on his clothing, as he claims they do.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for appropriate examinations to assess her service-connected disabilities. The issue of TDIU will also be addressed.

The Veteran's claims for increased ratings for his service-connected low back disability and sciatica of the right lower extremity were denied. The Veteran's chronic lumbar strain with degenerative changes was not manifested by unfavorable ankylosis, intervertebral disc syndrome (IDS), or neurological impairment other than sciatica of the right lower extremity. For the period from September 19, 2003 to April 27, 2010, sciatica of the right lower extremity was manifested by no more than mild incomplete paralysis of the sciatic nerve. For the appeal period beginning April 27, 2010, sciatica of the right lower extremity is manifested by no more than moderate incomplete paralysis of the sciatic nerve.

The Veteran's appeal is being remanded to obtain a new VA examination for his low back disability and to address the issues of increased ratings for incomplete paralysis of left upper extremity and TDIU. The RO must also issue a statement of the case regarding the claim for an increased rating for the left upper extremity.

The Veteran's claim for a higher rating for his lumbrosacral DJD was denied. The issue of service connection for depression, secondary to service-connected disabilities, is being remanded.,The Veteran's TDIU claim was granted based on the combined evaluation of his service-connected disabilities.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected low back intervertebral disc syndrome with degenerative arthritis and right sciatic neuropathy have not met the criteria for an initial evaluation in excess of 10 percent.

The Veteran's appeal is being remanded for scheduling a videoconference hearing due to her inability to attend the previously scheduled hearing. The case will be processed as though the request for a hearing had been withdrawn.

The Veteran is seeking service connection for his low back disability, including scoliosis, mechanical back pain, lumbar spondylosis, and lumbar radiculopathy to the left lower extremity. The Board has determined that a remand is necessary due to incomplete examination reports and the need for further medical opinions.

The Veteran's service-connected left lower extremity radiculopathy was rated at 10 percent before May 9, 2011. From that date, the disability is now rated at 20 percent.