Radiculopathy & sciatica decisions — 2009

The Veteran's claims for increased ratings for degenerative disc disease with herniated nucleus pulposus at L4-S1, radiculopathy of the left lower extremity, and right shoulder separation/Bankart lesion were denied as the evidence did not support higher ratings.

The Board granted service connection for a left knee condition but denied service connection for right knee, right upper extremity radiculopathy, left upper extremity radiculopathy, and left testicular pain.

The veteran withdrew the appeal before the Board promulgated a decision.

The case is being remanded to the RO for scheduling a hearing before a Veterans Law Judge in accordance with the Veteran's request.

The veteran's claim for an increased evaluation and TDIU was remanded to afford him a VA examination.

The appeal is remanded to obtain a more detailed medical opinion regarding the nature and etiology of the Veteran's left hip and/or left lower extremity disability, including sciatica.

The appeal is remanded for additional development, including an examination to determine the nature and etiology of the Veteran's cervical spine disability in relation to his service-connected low back disability.

The appeal for increased ratings remains before the Board due to a remand for additional development.

The appeal is remanded to the RO for additional development, including obtaining any outstanding private treatment records.

The appeal is remanded for further development, including obtaining an addendum to the May 2007 examination and ensuring that the Veteran has been provided notice consistent with the requirements of 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board denied the Veteran's claim for an evaluation in excess of 40 percent for traumatic degenerative disc disease with bilateral radiculopathy, as there was no evidence of incapacitating episodes having a total duration of at least six weeks during the previous 12 months, unfavorable ankylosis of the entire thoracolumbar spine, or more than moderately severe incomplete paralysis of the sciatic nerve.

The Board denied an initial rating in excess of 20 percent for lumbosacral strain with radiculopathy, and denied initial ratings in excess of 10 percent for right knee arthritis and instability.

The Veteran's cervical radiculopathy of the left upper extremity is rated as 20 percent disabling, and his degenerative disc disease of the cervical spine does not warrant a rating in excess of 20 percent.

The Veteran's claim for an increased evaluation for chronic low back strain with left radiculopathy is being remanded to schedule a new examination.

The Board denied an increased evaluation for the Veteran's postoperative residuals of spinal fusion of L4-S1, with pathology between L4 and L5, and radiculopathy of the right lumbosacral plexus, as the evidence did not support a higher rating under the applicable criteria.

The Veteran's service-connected neuropathy of the right and left lower extremities is characterized by moderately severe impairment due to weakness, diminished and absent reflexes and sensation, and resulting gait abnormalities. The Board finds that the criteria for a disability rating of 40 percent have been met.

The Veteran's claims for increased ratings were denied as the evidence did not support higher ratings for his degenerative disc disease of the lumbar spine, radiculopathy, and pes planus conditions.

The Board denied the veteran's claim for a rating in excess of 20 percent for his chronic lumbar strain, as the evidence did not show that the disability warranted a higher rating.

The appeal is remanded to obtain additional medical records and to readjudicate the claims.

The Veteran's lumbar flexion is to 90 degrees and extension to 30 degrees without muscle spasm, guarding or localized tenderness. The Veteran experiences mild to moderate chronic S1 radiculopathy of the left lower extremity.