Radiculopathy & sciatica decisions — 2016

The Veteran's dermatitis and sciatica were found to be incurred in service, meeting the criteria for direct service connection.

The Veteran's lumbosacral spine disability is currently rated at 40 percent, which reflects the severity of her symptoms and functional impairment. The claim for increased ratings remains denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings under either the General Rating Formula or the IVDS Based on Incapacitating Episodes criteria.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records from Miami and conducting examinations to determine the severity of his service-connected lumbar spine and right lumbosacral radiculopathy.

The Board has remanded the case for issuance of an SOC and further development, including review of the issues related to service connection. The claim for the left leg radiculopathy will be deferred until the intertwined issues are resolved or prepared for appellate consideration.

The Veteran's service-connected disabilities do not render him so helpless as to need regular aid and attendance of another person, nor does he require assistance in attending to the ordinary hazards of daily living. The Board finds that there is insufficient evidence to grant special monthly pension based on the need for aid and attendance.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of his TDIU claim.

The Board has determined that the Veteran's left arm, shoulder, elbow, hand, and wrist disabilities, to include cervical spine disc disease with radiculopathy, are not etiologically related to his active service. The Veteran does not have a current free-standing diagnosis of a sleep disorder.

The Veteran's lumbosacral spondylosis with disk protrusion and right leg sciatica are currently rated at 10 percent each, but the Board finds no basis to grant higher ratings under the applicable rating criteria.

The Board has determined, based on the probative evidence of record, that the Veteran's low back disability had its onset during his active service and grants service connection for a low back disability.

The Veteran seeks service connection for a left foot disorder, which he claims is related to his service-connected lumbar disc disease and radiculopathy. The Board has determined that additional development is needed due to the complexity of the issue.

The Board has determined that the Veteran's claimed disabilities are not related to service and have denied his claims for service connection.

The Veteran's service-connected disabilities meet the percentage requirements for a schedular TDIU, and the collective evidence suggests that his service-connected disabilities, in concert, preclude substantially gainful employment consistent with his education and occupational experience.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to address the etiology of the Veteran's cervical spine and left shoulder disabilities.

The Veteran's claim for a TDIU is being remanded due to the need for clarification of the VA physician's opinion in his discharge application and consideration of CUE in the July 2012 rating decision regarding service connection for hypertension.

The Board found that the Veteran's currently diagnosed right L5-S1 radiculopathy was not caused or permanently worsened by her service-connected left hip tendinitis.

The Veteran's TDIU claim is being remanded for further development to determine his ability to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's death was attributed to respiratory failure, with underlying causes of congestive heart failure and cancer of the throat. Cancer of the throat is not a recognized disease associated with herbicide exposure.

The Veteran's pes planus with plantar fasciitis was rated at 10% prior to January 6, 2012 and now warrants a 50% rating effective from that date. His degenerative disc disease of the lumbar spine is currently rated as 20%. The radiculopathy in his lower extremities are each rated at 10%. These ratings reflect the severity of the Veteran's disabilities.

The Veteran's appeal is REMANDED to obtain outstanding VA and non-VA records relevant to his claims, including from Kenner Army Medical Clinic and Colonial Orthopaedics. The case will be readjudicated after all the evidence has been considered.

The Veteran's claim for an increased rating for his service-connected degenerative joint and disc disease L4-L5, L5-S1 with spondylitic changes L5-S1 with bilateral lower extremity radiculopathy is being remanded due to the need for additional VA examinations and records.