Radiculopathy & sciatica Board decisions

The Veteran's spondylosis and lumbar strain with sciatica are currently rated at 20 percent, but the Board finds that a higher evaluation is warranted based on additional functional loss due to pain. Separate ratings of 10 percent each are assigned for neurological impairment of the right and left lower extremities.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and any SSA disability benefits information. The AOJ should also request updated VA treatment records.

The Veteran's migraine headaches have been rated as noncompensable since June 4, 2010. Effective November 1, 2011, the Veteran is now rated at 50 percent for his migraine headaches.,From November 1, 2011, the Veteran's service-connected conditions have resulted in a combined disability rating of 70 percent or more, qualifying him for consideration of TDIU.

The Veteran's sciatica of the left leg is granted service connection as it was caused or aggravated by his service-connected low back disability. The appeal for a higher rating for epicondylitis of the right elbow and depressive disorder has been withdrawn.

The Veteran's claim for service connection for the residuals of right sciatic schwannoma, status post resection was denied as there is no evidence that his condition was caused or aggravated by military service. The claim for nonservice-connected pension benefits was also denied due to the Veteran's current disabilities not precluding all forms of substantially gainful employment.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for TDIU, including obtaining VA treatment records and conducting a new examination.

The Veteran's claims for increased ratings for migraine headaches and cervical spine degenerative disc disease with right-sided radiculopathy were denied as the evidence did not show symptoms warranting higher disability ratings.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability, myofascial pain syndrome, neurological disabilities of the right and left lower extremities, and depression. The Veteran's right ear hearing loss claim is remanded for additional development.

The Veteran's back disability has not been manifested by ankylosis or moderately severe incomplete paralysis of the sciatic nerve, and incapacitating episodes of intervertebral disc syndrome are not shown. Therefore, a rating in excess of 40 percent is not warranted.

The Veteran's service-connected disabilities, including her psychiatric disorder and spondylolisthesis at L5-S1, prevent her from securing and maintaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining his vocational rehabilitation records and scheduling a VA social and industrial survey. The case will be reviewed by the AOJ after these actions are completed.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals. The issues include service connection claims and evaluations for various conditions related to his femur osteochondroma.

The Veteran's sciatic neuralgia is related to his active military service, and the Board finds that service connection for this condition is warranted. The issue of bilateral hearing loss remains pending as it requires additional development.

The Board has determined that the evidence is approximately evenly balanced as to whether the Veteran's lumbar spondylosis and lower extremity radiculopathy are related to service. As such, the claim for service connection is granted.

The Veteran's service-connected lumbar spine disability, along with associated radiculopathy of the lower extremities, does not meet the schedular criteria for a TDIU at any time during the period on appeal.

The Veteran's appeal is being remanded due to his failure to report for scheduled VA examinations and the need to reschedule them. Additionally, a supplemental statement of the case must be issued as part of this process.

The Board has remanded the case for additional opinions regarding the etiology of the Veteran's low back disorder and radiculopathy, specifically whether they are related to service-connected GSW residuals.

The Veteran's service-connected sciatic neuropathy of the right lower extremity was rated at 10 percent prior to December 8, 2011 and increased to 20 percent from that date. The Board found no evidence warranting an increase in rating beyond these levels.

The Veteran's appeal for an initial compensable rating for residual lumbar spine surgical scars has been dismissed as he withdrew his appeal.