Radiculopathy & sciatica decisions — 2010

The Board granted service connection for lumbar degenerative disc disease with moderate central spinal canal stenosis and assigned an initial disability rating of 20 percent, effective June 2006. The Veteran also received separate ratings for bilateral lumbar radiculopathy.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for pain and swelling in the right hip, migraine headaches, numbness and tingling in the left hand with loss of sensation in the arms and legs, a knot on the right foot, sluggishness and lack of responsiveness, and loss of bowel control was denied due to failure to meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for service connection for cervical radiculopathy, claimed as neck pain and left hand numbness is being remanded due to the need for additional VA examinations and retrieval of relevant medical records.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that he is entitled to TDIU.

The Veteran's back disability is rated at 40 percent, and his right leg radiculopathy is rated at 10 percent.,The Veteran's back disability does not meet the criteria for a higher evaluation. His right leg radiculopathy also does not meet the criteria for a higher evaluation.

The Board has remanded the Veteran's claim for further development, including a VA examination to determine whether his lumbar disc disease with radiculopathy is aggravated by his service-connected residuals of a lumbar strain.

The Board has remanded the Veteran's claims for further development due to incomplete records and need for proper notice of how to substantiate a claim for service connection based on aggravation under 38 C.F.R. § 3.306.

The Board has determined that the Veteran's claimed conditions, including chronic obesity and diminished liver function, are not service-connected as they are either not shown to be due to or aggravated by his service-connected psoriatic arthritis. The carpal tunnel syndrome is also denied.

The Veteran's claims for increased ratings for chronic lumbar strain and left leg radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's service-connected low back disorder does not preclude him from maintaining all types of gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for orthopedic/neurological examinations to assess his service-connected spine disability and associated sciatica with residual motor weakness of the right leg. The Veteran will also be scheduled for a VA psychiatric examination to determine the current nature and severity of his service-connected adjustment disorder.

The Veteran's lumbar spine disability was initially evaluated as 10 percent disabling prior to June 20, 2006. From June 20, 2006, the disability is not rated higher than 40 percent.

The Veteran's low back pain with mild degenerative changes of the posterior elements at L5 to S1 is currently rated as 40 percent disabling. The separate rating for right leg sciatic pain has been granted and is set at 10 percent, effective September 23, 2004.

The Board has denied the Veteran's claims for automobile and adaptive equipment, special home adaption grant, and specially adaptive housing due to a lack of anatomical use of an extremity.

The Board has determined that further development is required with respect to the right shoulder, osteoporosis, lumbar spine, and GERD claims. The Veteran's cervical spine disorder and glaucoma claims are not currently on appeal.

The Board has denied the Veteran's claims for service connection for a leg condition and status post disc excision of the lumbar spine with secondary degenerative arthritis changes, both claimed as secondary to his chronic low back strain.

The Board found that the Veteran's low back disability did not manifest within one year of her separation from service and is not related to her active service. The claim for service connection was denied.

The Veteran's disability of the lumbar spine with radiculopathy of the right lower extremity was not incurred or aggravated by active service, ACDUTRA, or INACDUTRA and the service incurrence of arthritis may not be presumed.

The Board has remanded the Veteran's claims for secondary service connection and increased rating of his degenerative disc disease of the lumbar spine due to lack of a medical opinion regarding whether radiculopathy is a manifestation of this condition, and because more contemporaneous orthopedic and neurological examinations are needed.

The Board denied an increased rating for the Veteran's service-connected low back strain with radiculopathy from February 26, 2001 to September 22, 2002.