Radiculopathy & sciatica decisions — 2010

The Veteran's claims for increased ratings and service connection were denied. The Veteran's lumbosacral strain with DDD is rated at 20 percent, which is the maximum schedular rating available under VA guidelines. His left leg radiculopathy is also rated at 10 percent.

The Veteran's service-connected IVDS with degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective September 1, 2005. The RO granted a higher initial rating for hypertension and denied extraschedular ratings for IVDS.

The Veteran's claims for service connection for a right ankle disability, an initial compensable evaluation for lumbar degenerative disc disease L4-L5 with spondylolisthesis, and increased rating for residuals of dislocation, scar, and degenerative joint disease, right shoulder were denied. The Veteran was granted an initial 10 percent evaluation for his lumbar degenerative disc disease L4-L5 with spondylolisthesis.

The Veteran's initial evaluations for his left knee disorder and low back disorder were denied. The Board found that the evidence did not support a higher evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and private treatment records. The claims for increased ratings and TDIU are also being remanded.

The Veteran's appeal involves multiple service-connected conditions, including adjustment disorder with depressed mood, DDD of L4-L5, and right lower extremity radiculopathy. The issues include seeking increased ratings for these conditions as well as establishing service connection for left lower extremity radiculopathy and weakness of the right arm secondary to his service-connected DDD.

The Board denied the Veteran's claims for service connection for PTSD, anxiety disorder, lumbar spine disability, and cervical spine disability due to lack of credible evidence supporting the occurrence of the claimed stressors. The Board also found no current diagnosis of PTSD in accordance with DSM-IV criteria and concluded that there was insufficient evidence to establish a causal link between any diagnosed conditions and service.

The Veteran's claim for an earlier effective date for the grant of service connection for chronic lumbar syndrome, bilateral radiculopathy, and central disc protrusion was denied. The Board found that the earliest effective date assignable is May 13, 1994.

The Veteran's service-connected lumbosacral strain is rated at 10 percent, and the issues of service connection for cervical spine disability and right upper extremity radiculopathy are denied.

The Board has remanded the case due to the need for a VA examination and additional medical records, as well as further development of the service connection claims.

The Veteran's claim for service connection for residuals of a back injury, including herniated discs and left leg radiculopathy in the cervical, thoracic, and lumbar spine segments is being remanded due to the need for additional development.

The Board found no evidence of radiculopathy in the Veteran's lower extremities due to his service-connected low back disability, and thus denied the claim for service connection.

The Board has determined that additional development of the evidence is required in order to properly adjudicate the Veteran's claims for service connection for bilateral radiculopathy and an initial rating for his back disability. The case is being remanded to the AOJ for further action.

The Veteran's right leg radiculopathy has been rated at 10 percent since the grant of service connection. The Board finds that his symptoms, including pain and sensory disturbances in the right calf with no organic changes such as muscle atrophy or reflex impairment, warrant a 10 percent rating under DC 8520.

The Veteran's claim for an increased rating for his service-connected low back disorder was denied as the disability does not meet the criteria for a higher rating.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not have diabetes mellitus, hypertension, or Graves' disease attributable to his military service.

The Veteran's TDIU claim was granted effective May 31, 2006, due to her service-connected disabilities meeting the regulatory requirements for TDIU. Her combined rating at that time was 80 percent.

The Veteran's service-connected disabilities, including lumbar spondylosis with radiculopathy, left knee degenerative joint disease, left knee instability, right knee osteoarthritis, and scarring of the left upper eyelid and left sacroiliac region, render him unable to secure or follow a substantially gainful occupation. The Board has determined that this evidence reflects the type of situation warranting consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's appeal for an increased rating for residuals of a right total knee replacement is granted, with the effective date being January 1, 2006.

The Veteran's claim for an increased rating for his service-connected herniated disc L5-S1 with sciatica is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.