Radiculopathy & sciatica Board decisions

The Board has determined that a remand is necessary to obtain updated VA treatment records, arrange for the Veteran to undergo a VA spine examination, and ensure all due process requirements are met.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing. The issues of entitlement to service connection for lower back injury and hair loss due to Gulf War Syndrome are pending.

The Veteran's left arm disability is found to be secondary to his service-connected cervical spine disability. The claim for increased rating of thoracolumbar spine disability remains pending.

The Veteran's claim for an initial evaluation in excess of 30 percent for cervical disc herniation and a separate evaluation in excess of 20 percent for left upper extremity radiculopathy was denied. The current evaluations are considered the maximum available under VA regulations.

The Veteran was employed as a security officer prior to October 6, 2005 and the evidence does not show he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran is unemployable due to his service-connected disabilities, effective March 16, 2011.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and a VA examination to assess the severity of her service-connected lumbar spine disability. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Veteran's lumbar strain with degenerative joint disease was granted an initial rating of 10 percent prior to August 8, 2005 and increased to 40 percent thereafter. The left lower extremity radiculopathy was granted a separate compensable rating of 20 percent effective October 28, 2011.,The Veteran's GERD was granted an initial 30 percent disability rating. Residuals, fracture, left distal fibula and medial malleolus were granted a 30 percent disability rating from October 28, 2011. The right ankle disability claim is denied.,Service connection for the Veteran's claimed right ankle disability was not established.

The Board has determined that the Veteran's claimed left lower extremity disability, including axonal polyneuropathy and L5-S1 radiculopathy, is not related to his active service. The evidence does not show a chronic disease during service or within one year of separation from service. The current conditions are attributed to a non-service-connected lumbar spine condition.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his traumatic brain injury, back disability, and migraine headaches.

The Veteran's unauthorized medical expenses incurred at private facilities were denied as the treatment was not related to a service-connected disability and did not meet the criteria for emergency treatment.

The Veteran's initial claim for a higher rating for his back disability was granted, but the assigned 10 percent rating is maintained. The Veteran also had an associated right lower extremity radiculopathy that approximates no more than mild incomplete paralysis of the sciatic nerve.

The Veteran's sciatica of the left lower extremity has been granted a 10 percent rating since November 1, 2005. The right lower extremity was initially granted service connection but not rated as it did not meet the criteria for compensation.

The Veteran's claim for special monthly pension by reason of needing aid and attendance or being housebound was denied as he does not meet the criteria for such benefits based on his nonservice-connected disabilities.

The Board has granted an initial 40 percent rating for the service-connected degenerative lumbar disc disability from April 30, 1999 to July 28, 2003, and since December 1, 2007. Separate initial ratings of 20 percent have been assigned for right and left lumbar radiculopathy.

The Veteran's service-connected disabilities were rated as follows: lumbosacral strain at 40 percent; tinnitus at 10 percent; right knee disability at 10 percent; left lower extremity radiculopathy at 10 percent, and bilateral hearing loss at noncompensable level. The Veteran was initially entitled to a TDIU rating on November 18, 2009.

The Veteran's appeal has been withdrawn prior to a decision being made by the Board.

The Veteran has withdrawn his appeals on four of the six remaining issues, leaving only one issue for consideration.

The Veteran's appeal is being remanded to obtain private employment records and for a VA examination to determine if her service-connected disabilities prevent her from securing or following substantially gainful employment.