Radiculopathy & sciatica decisions — 2016

The Veteran seeks service connection for a low back condition, which he contends is related to an accident in service. The Board finds the VA examination inadequate and remands the case for further development including obtaining updated treatment records and scheduling a VA examination.

The Board finds that service connection is granted for sleep apnea, but denied for other conditions. The Veteran's left shoulder strain was not found to be related to his service.

The Veteran's claim for automobile and adaptive equipment is denied as he does not meet the eligibility criteria due to his service-connected disabilities.

The Veteran's claim for increased ratings and TDIU was denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Veteran's claims for increased ratings and service connection were denied. For the lumbar spine degenerative joint and disc disease, a rating in excess of 10 percent was not granted prior to December 10, 2015, or on or after that date. For right lower extremity radiculopathy, a rating in excess of 20 percent was denied beginning March 28, 2012.

The Board has determined that the Veteran's low back disorder and bilateral lower extremity radiculopathy with neurogenic claudication and foot drop are service-connected, as they were incurred or aggravated by his active military service.

The Veteran's neck disability is found to be service-connected, and his claim for radiculopathy of the left upper extremity is secondary to his service-connected neck disability. The Board finds that he has not provided sufficient evidence or argument to support reopening of his claim for gunshot wound residuals.

The Veteran's appeal has been withdrawn due to his indication that he does not want to proceed with the appeal.

The Board has remanded the case to the AOJ for further development, including obtaining VA and private treatment records and scheduling a VA examination. The Veteran's claims of entitlement to increased ratings for his lumbar spine disability and left lower extremity radiculopathy are being remanded.

The Board denied the Veteran's claim for a clothing allowance for 2015, finding that he did not meet the criteria as his service-connected disabilities do not cause wear and tear on his clothing.

The Board has reopened the previously denied claims of service connection for bilateral shoulder disability, lumbar spine disability, cervical spine disability and right lower extremity radiculopathy due to new and material evidence submitted by the Veteran.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a new VA examination to assess her ability to secure and maintain substantially gainful employment due to her service-connected disabilities.

The Veteran's appeal is being remanded to determine if an extraschedular TDIU rating under 38 C.F.R. § 4.16(b) is warranted due to his service-connected disabilities, which include degenerative disc disease of the lumbar spine and radiculopathy of both lower extremities.

The Veteran's left leg radiculopathy is rated at 10 percent since October 22, 2009 and denied for an increased rating. The Board found that the evidence does not support a finding of unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a statement of the case addressing his increased rating claims. The TDIU claim will be deferred until the increased rating claims are resolved.

The Veteran's appeal is being remanded for additional development, including examinations to determine the etiology of his claimed disabilities and whether they are related to service, including exposure to radiation in service.

The Veteran's claim of service connection for bilateral lower extremity radiculopathy was granted, and his rating for chronic lumbosacral strain was increased to 40 percent effective September 15, 2013. The issue of an evaluation in excess of 40 percent thereafter is still pending.

The Veteran's claim for a clothing allowance was denied because the back brace he uses does not cause wear and tear on his clothes, as determined by the Under Secretary for Health.

The Veteran's low back strain was granted a rating of 40 percent effective September 23, 2014. The right lower extremity radiculopathy and post-operative right knee instability were both granted separate ratings.

The Board has denied the Veteran's claims for service connection for cervical spine disorder, bilateral leg disorder, radiculopathy of the lower extremities, and bilateral hip disorder as secondary to a service-connected right knee condition. The Board found no evidence of these conditions during service or related to service.