Radiculopathy & sciatica decisions — 2015

The Veteran's service-connected sciatica of the right and left lower extremities has resulted in functional equivalent loss of use of one or both feet, qualifying him for automobile and adaptive equipment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining relevant medical records and conducting a VA examination.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's lumbar spine disability was rated at 40 percent, while his radiculopathy of the lower extremities received separate 10 percent ratings.

The Board denied service connection for a lumbar spine disorder with associated lower extremity radiculopathy, finding that the Veteran's preexisting condition was not aggravated by his period of active duty.

The Board has remanded the case due to a scheduling error for a hearing before a Veterans Law Judge at the RO. The Veteran's current address needs to be determined and he will be notified of his scheduled hearing.

The Veteran's disability ratings for right lower extremity lumbar radiculopathy have been denied as the evidence does not support a higher rating during any of the periods addressed.

The Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation consistent with his education and occupational background, warranting a TDIU.

The Veteran's service-connected lumbar spine disability and radiculopathy of the lower extremities have not met the criteria for higher ratings under applicable VA rating criteria.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the Veteran's claims of service connection for lower extremity radiculopathy, chronic headache disability, and myotonic dystrophy due to her failure to report for VA examinations scheduled in conjunction with her claim. The criteria for a denial based on application of 38 C.F.R. § 3.655 have been met regarding the claim for an evaluation in excess of 10 percent for low back disability.

The Veteran's appeal is remanded for further action, including a TDIU referral to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's service-connected spondylolisthesis has been rated as 20 percent disabling since August 3, 2012. The VA determined that the condition meets the criteria for a higher rating based on its current manifestations.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for OSA, gout, or DDD of the cervical spine. However, the Veteran was granted an increased rating for radiculopathy affecting the right hand.

The Veteran's appeal is being remanded for additional development, including obtaining VA vocational rehabilitation records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board found no evidence of hearing loss or any other service-connected condition that would support a grant of service connection for the Veteran's claimed disabilities. The Veteran was denied service connection for bilateral hearing loss, chronic headaches, recurrent lumbar strain, sciatica of both lower extremities, and sleep apnea.

The Veteran's claim for an initial compensable rating for service-connected left C6 radiculopathy is being remanded due to the need for a VA examination and additional medical records.

The Board has determined that the Veteran does not have a current disability of right ear hearing loss for VA purposes and therefore, service connection is denied.

The Veteran's appeals for increased ratings for his bilateral service-connected sciatic nerve disorders were denied as the evidence did not show symptoms comparable with moderate or moderately severe incomplete paralysis of the sciatic nerve in either lower extremity at any point during the period on appeal.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for elevated liver enzymes, left ankle sprain (claimed as left ankle fracture), bilateral knee pain, and low back pain. However, the RO found no chronic residual disability related to these conditions during service.

The Veteran's claims for increased ratings for his lumbosacral strain and radiculopathy of the lower extremities have been granted, with a rating of 20 percent effective April 7, 2012.