Radiculopathy & sciatica decisions — 2010

The Veteran's lumbar radiculopathy, left lower extremity has been rated at 10 percent since the initial grant of service connection in February 2006.

The Veteran's IVDS at L5-S1 is related to his military service, and radiculopathy affecting the left leg and hip are also related to his back disability. Service connection for these conditions is granted.

The Veteran's claim for an increased evaluation for his right lumbar radiculopathy involving L5-S1 is being remanded due to the need for a new VA examination and consideration of additional treatment records.

The Board has granted service connection for deep vein thrombosis of the left lower extremity as being proximately due to or the result of service-connected hypertension. The Veteran's right lower extremity radiculopathy and hypertension have been rated appropriately.

The Veteran's claim for an increased rating for his back disability was denied, and the claim for an earlier effective date for service connection was also denied.

The Board has remanded the case due to inadequate examination reports and additional evidence needs to be submitted.

The Veteran's service-connected status post lumbar laminectomy with DJD and recurrent right sciatica is not manifested by unfavorable ankylosis of the thoracolumbar spine, or incapacitating episodes of at least 6 weeks during the last 12 months. Therefore, his claim for a higher disability rating was denied.

The Veteran's back disability claim is being remanded for additional development, including a VA examination and consideration of the TDIU issue. The case may also be referred to the Under Secretary for Benefits or the Director of Compensation and Pension Service for extraschedular consideration.

The Board has ordered a remand for an updated medical opinion regarding the relationship between the appellant's current back disorders and his service, as well as consideration of continuity of symptoms since service.

The Board denied higher initial ratings for status post fusion of L4-L5-S1 and radiculopathy of the left lower extremity on an extraschedular basis.

The Board has granted service connection for a cervical spine disorder and lumbosacral spine disorder, finding that the Veteran is entitled to the presumption of soundness due to her second period of active duty service. The left knee disorder and sciatic nerve disorder are not yet addressed as they require further examination and medical opinion.

The Veteran's DDD of the lumbar spine with spondylosis and radiculopathy is manifested by complaints of pain and functional impairment, but his forward flexion limitation does not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess his employability given his service-connected disabilities.

The Veteran's claims for service connection for bilateral pes cavus, cervical radiculopathy in the left upper extremity, lumbar radiculopathy in the right and left lower extremities, DJD of the hips, and low back disability have all been denied. The effective dates requested by the Veteran are not warranted.,The Veteran's original claim for service connection was filed on May 2, 1996, but he did not raise claims for these conditions until October 12, 1999, which is more than one year after his separation from active duty. The effective dates assigned are based on the earliest date of receipt of a claim or the date entitlement arose.

The Veteran's appeals for increased ratings for lumbosacral degenerative disc disease and left leg radiculopathy have been dismissed due to his failure to respond within a year to VA requests for releases necessary to secure the further evidence needed for proper adjudication of these claims.

The Board found that the appellant's cervical spine disability was not caused by VA medical treatment, and thus denied his claim under 38 U.S.C. § 1151.

The Board denied the Veteran's claim to reopen his service connection for a low back disorder and sciatica, finding that new and material evidence had not been submitted. The issue of sciatica was remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected spinal stenosis, radiculopathy of the right and left lower extremities, and hypertension.

The Veteran's low back disability is rated at 40 percent, effective from March 3, 2009. His left leg sciatica remains at a 10 percent rating.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected low back injury and left lower radiculopathy.