Radiculopathy & sciatica decisions — 2010

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected lumbar spine degenerative disc disease/arthritis and associated lower extremity radiculopathy.

The Veteran's appeal is being remanded for further action, including scheduling a hearing at the address provided on his clarification of Board hearing request form.

The Board found no evidence of a back injury in service and insufficient medical opinion to link the current lumbar spine degenerative changes with left lower extremity sciatica to service. The Veteran's claim for service connection was denied.

The Veteran is seeking a higher disability rating for his lumbosacral spine disability, currently rated at 50 percent. The case has been remanded due to issues related to the Veteran's employment and need for a new VA examination.

The Board finds that the Veteran's additional right hip impairment was not caused by VA hospital care, medical or surgical treatment. The evidence does not support a finding of negligence or fault on the part of VA.

The Veteran's service-connected lumbar spine disability has not been found to warrant an increased rating beyond the current 40 percent evaluation.

The Veteran's claims for service connection for sciatica of the right and left hips/legs, as well as degenerative joint disease of the right and left hips have been granted. The effective date is not specified.

The Board has determined that additional medical examinations and opinions are needed to properly evaluate the Veteran's claims, including for his cervical spine disability and associated radiculopathy, as well as his claimed right leg disorder. The VA will provide these services on remand.

The Veteran's service-connected cervical spine condition and associated mood disorder are found to be of sufficient severity to preclude him from obtaining or maintaining substantially gainful employment, warranting a TDIU on an extra-schedular basis.

The Veteran's claims for increased ratings and service connection were denied. The claim for an effective date earlier than June 24, 2004, for the grant of service connection for GERD was also denied.

The Veteran's service-connected low back disorder has been manifested by forward flexion and extension limited, at most, to 65 and 10 degrees respectively. The criteria for an initial rating higher than 10 percent have not been met.

The Board granted service connection for chronic allergic rhinitis and hypertension, with a noncompensable rating assigned for hypertension. The Veteran's other claims were withdrawn prior to the decision.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's right-sided S1 radiculopathy results in pain, numbness, weakness, and fatigue with flare-ups occurring once every week. The Board has determined that the criteria for an initial disability rating of 20 percent have been met.

The Veteran's service-connected low back disability is found to be the primary cause of his acid reflux disease. The Veteran's lower extremity and mental health disabilities are also found to be related to his service-connected conditions.

The Veteran's combined evaluation for compensation is 40 percent, which does not meet the criteria for a TDIU as per VA regulations.

The Veteran's right lower extremity radiculopathy is not productive of a disability picture consistent with moderate incomplete paralysis of the external popliteal nerve.,The Veteran's service-connected residuals of laminectomy, scar are not considered unstable or manifested by pain on examination; nor is there any limitation of motion.,The Veteran's service-connected residuals of right inguinal hernia are not productive of a recurrent, readily reducible hernia that is well supported by truss or belt.,The Veteran's service-connected left shoulder calcific tendonitis with minimal arthritis of the acromioclavicular joint is manifested by complaints of pain and some limited range of motion, but without limitation to shoulder level or evidence of ankylosis.,Prior to July 14, 2008, the Veteran's service-connected lumbar disc disease, L4-L5 spondylostenosis, fusion L5 to S1 is manifested by subjective complaints of pain and objective findings of limitation of motion, but not forward flexion limited to 30 degrees or less; ankylosis; or incapacitating episodes of at least four weeks over the past 12 months. From July 14, 2008, the Veteran's service-connected lumbar disc disease is manifested by subjective complaints of pain and objective findings of decreased limitation of motion, but not ankylosis, or incapacitating episodes of at least six weeks.,The Veteran's service-connected hemorrhoids are mild or moderate with excessive redundant tissue, but are not thrombotic or irreducible; and there are no objecting findings of persistent bleeding, anemia or fissures.,The Veteran's service-connected right shoulder disability with resection of the clavicle is manifested by complaints of pain and limited range of motion, but without limitation to midway between side and shoulder level or evidence of ankylosis.,The Veteran's service-connected greater occipital neuralgia with headaches is manifested by subjective complaints of headaches, but without evidence of prostrating attacks or moderate incomplete paralysis of the seventh (facial) cranial nerve.

The Veteran's increased rating claim for spondylolisthesis, L4-L5, status post L4-L5 laminectomy and foraminotomy and L4- L5 fixation with fusion was granted. Separate compensable evaluations were also granted for radiculopathy of the right lower extremity and left lower extremity.

The Veteran's migraine headaches have been rated as 10 percent disabling since April 29, 2010.,Prior to April 29, 2010, the Veteran's right shoulder disorder status post Bankhart procedure was rated as 20 percent disabling.

The Veteran's hypertension, sciatica of the left leg, and initial rating for left ankle arthritis have been granted. The Veteran is currently assigned a 10 percent evaluation for his left ankle arthritis.