Radiculopathy & sciatica decisions — 2015

The Veteran's service-connected conditions, including PTSD, cervical radiculopathy, and degenerative disc disease of the lumbar spine, are considered to have contributed substantially or materially to his death from pneumonia.

The Veteran's claim for an increased rating for right lower extremity radiculopathy is being remanded due to the need for a VA examination and additional development of his claims file.

The Veteran's lumbosacral strain and associated right lower extremity radiculopathy are productive of symptoms warranting at least a 20 percent rating since September 2, 2006.

The Board has determined that the Veteran's right shoulder disability is service-connected and his radiculopathy of the left lower extremity warrants a 20 percent rating.

The Board has remanded the Veteran's claims for further development, including a VA examination to determine if his lumbar spine disability and radiculitis/radiculopathy are related to service. The claims will be reconsidered after these actions.

The Veteran's claim for a higher rating for his lumbar post laminectomy syndrome and left lumbar radiculopathy was granted, with the highest possible rating of 40 percent. The claim for a higher initial rating for his status post hemicolectomy associated with lumbar post laminectomy syndrome remains pending.

The Veteran's low back disability is rated at 10 percent, and his right lower extremity radiculopathy is also rated at 10 percent. The effective date for these ratings remains pending as the decision does not specify a specific effective date.

The Veteran's service-connected disabilities, including PTSD, cervical spine degenerative disc disease, and other conditions, render him unable to secure or follow a substantially gainful occupation.

The Veteran's hypertension has been rated at 10 percent since the grant of service connection. The Board finds that additional development is needed to determine if a higher rating is warranted.

The Board has determined that the Veteran's left lower extremity sciatica warrants a 40 percent evaluation since April 21, 2008.

The Veteran's appeal is being remanded to the agency of original jurisdiction (AOJ) for scheduling a hearing before a member of the Board at the RO.

The Board has remanded the case for further development and a videoconference hearing.

The Board granted service connection for radiculopathy of the left lower extremity and remanded the remaining issues. The Veteran's claims for peripheral neuropathy of the left upper extremity, cervical spine disability, and acquired psychological disorder (other than PTSD) as secondary to service-connected lumbosacral strain were all granted.

The Veteran's claims for higher ratings for tinnitus, bilateral hearing loss, hypertension, status-post discectomy and laminectomy with herniated nucleus pulposus at L4-5, and radiculopathy of the right lower extremity were denied as there is no legal basis upon which to award separate schedular ratings for each ear or a higher schedular rating for tinnitus.

The Board has ordered the case to be remanded for additional development, including issuing a statement of the case on the issue of entitlement to TDIU. The Veteran will have an opportunity to appeal this decision if he chooses.

The Board has remanded the case for further development, including a VA examination to assess the severity of the Veteran's service-connected low back disability and right lower extremity radiculopathy. The appeal is now pending again with the Department of Veterans Affairs.

The Board has remanded the case due to insufficient reasons and bases for denying service connection, specifically regarding continuity of symptoms since service. The Veteran's VA treatment records post-November 2012 are requested.

The Board has reopened the Veteran's service connection claims for various conditions, including a back disorder and right shoulder disorder. However, after reviewing all submitted evidence, the Board finds that these claims are not substantiated by the evidence of record.

The Veteran's claims are being remanded due to the need for a Board hearing before a Veterans Law Judge at the RO.

The Veteran's claim for service connection for residuals of bilateral gynecomastectomy has been reopened and granted. His TDIU claim is also granted, with a rating of 10% for his back disability.