Radiculopathy & sciatica decisions — 2015

The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The Veteran also has radiculopathy of the left lower extremity associated with his service-connected low back disorder, which warrants a separate 10 percent rating.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his inability to secure and follow substantially gainful employment.

The Veteran's service-connected low back disability was granted a 40 percent rating from June 10, 2014. He is also rated for neuritis of the sciatic nerve in his left lower extremity.

The Board found no connection between any current or prior right arm disability and the Veteran's service, including her service-connected de Quervain's tenosynovitis of the right wrist. The Veteran's right arm disability was attributed to cervical radiculopathy.

The Board has remanded the case for further examination and opinion regarding service connection for a neurological disability, including peripheral neuropathy of the lower extremities and lumbosacral radiculopathy. The Veteran's claims are related to exposure in Vietnam but no evidence supports this claim. The examiner is asked to determine if any diagnosed conditions are related to his military service.

The Board has granted service connection for a neck injury and left arm/hand radiculopathy secondary to a neck injury. The other claims of entitlement to service connection have been denied.

The Veteran's sleep apnea has been rated at 50 percent since April 21, 2009. The rating is based on the need for a CPAP machine to manage symptoms.

The Veteran's appeal includes claims for service connection for left and right lower extremity radiculopathy. These issues are inextricably intertwined with the issue of severance of service connection for degenerative disc and joint disease, lumbar spine with old compression fractures T-11 and L3. The case is REMANDED to allow for further development.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, but they do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's DDD of the lumbar spine and right side lumbar radiculopathy were rated at 20 percent for the initial rating period from October 29, 2009 to June 19, 2014.

The Veteran's lumbar spine condition is currently rated at 40 percent, effective from the date of the decision. The ratings for his lower extremity radiculopathies and cervical spine condition are also granted.

The Board has determined that the effective date for the grant of service connection for right lower extremity radiculopathy should be November 30, 2011, based on evidence showing the Veteran's symptoms first manifested more than one year prior to his claim.

The Board has determined that the Veteran's claim for service connection for residuals of a cold injury to the fingers and toes should be remanded due to insufficient evidence in the record regarding his claimed in-service frostbite.

The Veteran's appeal is being remanded for further examination and analysis to determine the appropriate disability rating for his cervical spine disability, including consideration of radiculopathy and other related conditions.

The Veteran's low back disability, left and right lower extremity radiculopathies combined to at least a 60% evaluation prior to October 23, 2013. The Board granted restoration of the 50% evaluation for the low back disability effective from November 25, 2013, and denied all other issues.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Veteran's appeal is being remanded to the AOJ for additional development and consideration of his claims.

The Veteran's service-connected disabilities, including bilateral hip replacements and irritable colon, have significantly impacted his ability to secure and maintain substantially gainful employment. The Board has determined that the evidence is in equipoise regarding whether he can perform sedentary or office work due to these conditions.

The Veteran's claims for increased ratings for her service-connected lumbar intervertebral disc syndrome and sciatic nerve of the right lower extremity are being remanded due to the need for additional examinations.

The Veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C.A. § 1318 were not met.