Radiculopathy & sciatica decisions — 2015

The Veteran's appeal for service connection for radiculopathy of the lower extremities has been withdrawn by the appellant, resulting in dismissal of the case.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied, but he was granted a TDIU prior to February 22, 2012.,His lumbar spine disability is primarily characterized by DJD and IVDS. The most recent VA examination found that forward flexion of the thoracolumbar spine was limited to 90 degrees with pain on motion.

The Veteran's degenerative joint disease with bilateral neural foraminal stenosis at L3-L4, L4-L5 resulted in a 40 percent rating from October 6, 2011. The TDIU was granted on a schedular basis starting March 1, 2015.

The Veteran's appeal is being remanded for additional development regarding his lumbosacral strain and bilateral leg radiculopathy claims.

The Board has remanded the case for additional development, including contacting the Connecticut National Guard to verify if the Veteran had periods of active duty for training in 1985 or 1986 and obtaining any outstanding service treatment records from this period. The claim will be reconsidered based on the new evidence.

The Veteran's service-connected radiculopathy of the right and left lower extremities was not shown to meet the criteria for a rating greater than 10 percent prior to November 22, 2011.

The Board denied the Veteran's claims for service connection for residuals of a concussion, carpal tunnel syndrome of the right hand, and cervical spine disability. The Veteran's right shoulder disability was rated at 20 percent until March 13, 2013, when it was increased to 40 percent. The Board also denied ratings in excess of 20 percent for the Veteran's right upper extremity radiculopathy, and denied compensable ratings for his scars and occipital neuralgia.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a 20 percent rating for his lumbosacral DDD, but not for the radiculopathy of his lower extremities prior to November 6, 2012.

The Veteran's appeals for service connection for bilateral hearing loss, tinnitus, and a bilateral foot condition have been dismissed due to withdrawal. The claim of service connection for tinnitus has not been met.

The Veteran's appeal is being remanded to determine if he requires the regular assistance of another person in activities of daily living, protection from ordinary hazards, bedridden status, or restricted to home due to his service-connected disabilities.

The Veteran's PTSD claim is granted, and he is service-connected for this condition.

The Veteran's service-connected lumbosacral strain and right lower extremity sciatica have not been found to warrant higher ratings.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the Veteran for an appropriate VA examination to assess her current level of disability.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a left leg disability, and the right thigh shrapnel wound residuals are rated at 10 percent.

The Veteran's TDIU claim is being remanded for further development, including obtaining medical opinions regarding the impact of his service-connected disabilities on his employability.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, particularly his back issues.

The Board denied the Veteran's claims for service connection for erectile dysfunction as secondary to service-connected coronary artery disease and/or posttraumatic stress disorder, an initial rating in excess of 10 percent for scar of the right anterior neck and residuals of a shell fragment injury, and ratings in excess of 10 percent for radiculopathy of the right and left lower extremities associated with lumbar spine degenerative disc disease.

The Veteran's claim for increased ratings and initial evaluations for his service-connected DDD of the lumbar spine and radiculopathy of the lower extremities was denied by the Board.

The Board has granted service connection for the Veteran's lumbar spine disabilities, finding that they are causally related to in-service motor vehicle accidents. The decision is based on direct service connection.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a new VA examination addressing his functional impairment and its impact on employment.