Radiculopathy & sciatica decisions — 2009

The Veteran's appeal is being remanded for further development and due process requirements, including obtaining VA outpatient treatment records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's right lower extremity radiculopathy is service connected, and his low back disability resulted in a 20% rating from September 30, 2002 to February 19, 2009.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected low back disability and radiculopathy of the left lower extremity.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected low back disability.

The Veteran's appeal for increased ratings for his service-connected lumbar spine disability and associated radiculopathy was denied. The RO granted a 10 percent rating for the left lower extremity from October 10, 2007 to December 4, 2008, but did not grant any higher ratings.

The Veteran's appeal has been withdrawn by the appellant through her authorized representative.

The Board has remanded the case due to incomplete service treatment records and further efforts are required to obtain these records.

The Veteran's mechanical low back pain and degenerative disc disease with sciatica were rated at 10 percent before January 16, 2008. From that date, the rating was increased to 10 percent but no higher.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status was denied as he does not meet the criteria for either benefit.

The Veteran's cervical spine disability with radiculopathy of the upper extremities is not service-connected. The low back disability was evaluated at various levels, but the reduction in evaluation from 40% to 10% effective June 1, 2008, was upheld.

The Veteran's appeal has been dismissed as he requested withdrawal of the claims.

The Veteran's claim for increased ratings for his low back disability and associated radiculopathy has been denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's service-connected disabilities, including osteoarthritis of the thoracolumbar spine, cervical spine, left arm radiculopathy, and fracture of the left fibula, have resulted in a combined rating of 70 percent. The Board finds that these conditions preclude the Veteran from securing or following substantially gainful employment beginning on September 8, 2008.

The Veteran's low back disability is rated at 10 percent, and his right S1 nerve radiculopathy warrants a separate 10 percent rating.

The Veteran's claims for increased disability ratings for service-connected radiculopathy of the right lower extremity, shin splints of the bilateral legs, and tinea cruris of the groin are being remanded for additional development.

The Veteran's appeal for TDIU was withdrawn. The claims for increased ratings for left knee disabilities and service connection for various nerve disorders were dismissed due to lack of evidence or legal merit.

The Veteran's low back disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other claims are not addressed in this decision.

The Veteran's service-connected degenerative changes of the lower back are rated at 20 percent prior to October 16, 2008, and at 40 percent since then. Additionally, a separate 10 percent rating is granted for right leg radiculopathy.

The Board has remanded the case due to the need for a VA examination and VCAA notice, as well as further development of the claim.

The Board has remanded the case for additional development, including obtaining outstanding service and VA treatment records and providing an addendum to the VA examination that includes a medical opinion on aggravation.