Radiculopathy & sciatica decisions — 2009

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA decision and medical records.

The Veteran's claim for an increased evaluation for his lumbosacral spine disorder is denied, as the evidence does not support a rating in excess of 20 percent. A separate evaluation of 10 percent for right sciatic radiculopathy prior to May 6, 2005 is also denied.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing in Denver, Colorado. The Veteran requested this due to his relocation away from Houston.

The Board has remanded the case due to an incomplete record from October 1973 to September 1977. The Veteran's service connection claims for PTSD, arthritis of the neck and lower back, and cervical radiculopathy will be reconsidered after obtaining the missing records.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbar spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity was granted. He is now rated at 40 percent for each condition.

The Board denied the Veteran's claims for service connection for degenerative joint disease and degenerative disc disease of the lumbar spine, as well as radiculopathy of the lower extremities. The evidence did not establish a nexus between these conditions and active service.

The Veteran's left lower extremity radiculopathy and degenerative disc disease at L4-5 were both rated as 20 percent disabling, effective from the date of his claim.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations.

The Board has remanded the case for another VA examination to determine if the appellant's current back disabilities are related to service. The appeal is currently in a pending status.

The Veteran's service-connected low back disability, characterized by recurrent strain with degenerative arthritis and intervertebral disc syndrome, is currently rated at 40 percent. The Board has determined that a higher rating of 60 percent is warranted for the period from September 23, 2002, based on more severe symptoms including persistent sciatic neuropathy.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining clarification and potentially new medical evidence.

The Veteran's low back disability is rated at 40 percent, and his sciatica of the right and left lower extremities are each rated at 10 percent. The Veteran also meets criteria for a TDIU due to service-connected disabilities.

The Veteran's service connection claim for a left arm disability, previously adjudicated as carpal tunnel syndrome of the left arm, is granted. The Veteran's increased evaluation claim for residuals of shrapnel wound fracture/dislocation of T12 with loss of bowel control is also granted and rated at 60 percent.

The Veteran's arthritis of the low back with low back pain and radiculopathy to the legs was not incurred in or aggravated by active service, and the incurrence or aggravation of this condition during such service may not be presumed.,The Veteran's epidemic parotitis (mumps) was not incurred in or aggravated by active service. The Veteran has no current residual disability from his in-service mumps.

The Board has granted a rating of 40 percent for the Veteran's low back disorder with degenerative disc disease at L5-S1 and radiculopathy, effective from April 26, 2008. The Veteran is not entitled to a TDIU as his service-connected disability does not preclude substantially gainful employment.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, and his cervical spine disability remains at a 10 percent rating. The Board found that the Veteran's lumbar spine disability warranted a higher rating based on limitation of motion.

The Veteran's claim for a higher rating for his service-connected low back disorder was denied. The Board found that the evidence did not support an evaluation in excess of 40 percent, as there were no findings of incapacitating episodes or ankylosis.

The Board has remanded the Veteran's claims for further development, including a medical opinion by a VA orthopedic specialist regarding his service-connected left knee and right hip disabilities. The claims will be adjudicated again once this development is completed.

The Veteran's claimed back disability, characterized as a surgically induced ankylosis of the lumbar spine from L4 to the sacrum, status post herniated nucleus pulposus with radiculopathy and retained hardware, was not incurred in or aggravated by service. The claim is denied.

The Veteran's claims for increased ratings for a low back disability and radiculopathy of the left lower extremity, as well as his claim for service connection for a left knee disability secondary to his low back disability, are being remanded due to the need for additional development.