Radiculopathy & sciatica decisions — 2010

The Veteran's appeal is being remanded for further evidentiary development due to the need for a VA examination of his service-connected low back and left leg radiculopathy disabilities.

The Veteran's left leg sciatica is etiologically related to his service-connected lumbar spine disability, and the Board has granted service connection for this condition.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective December 5, 2005. His GERD and radiculopathy are both rated as 10 percent disabling.

All issues on appeal have been withdrawn by the Veteran and his representative.

The Veteran's claim for service connection for degenerative joint disease of the lumbar spine with chronic lumbago and right sciatica is being remanded due to incomplete records, including those from SSA and VA treatment facilities. The Veteran must also provide any missing private treatment records.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 10 percent, and his lumbar radiculopathy is separately rated at 10 percent. The current ratings are appropriate based on the evidence of record.

The Veteran's cervical spine disability was not rated higher than the assigned percentages prior to April 29, 2008 and since that date.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including a new VA examination.

The Veteran's cervical spine with radiculopathy, migraine headache, and blurred vision are being reviewed for service connection. The claim is currently remanded to obtain additional medical opinions regarding the relationship between these conditions and his service-connected lumbar disc disease.

The Board denied service connection for various conditions, including a back disorder, left hip disorder, left leg disorder, left ankle disorder, and peripheral neuropathy of the left lower extremity. The evidence did not support a finding that these conditions were incurred or aggravated during active service.

The Veteran's service-connected musculoligamentous strain of the lumbar spine with right lower extremity radiculopathy is currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5237.

The Veteran's lumbar spine injury and resulting sciatica are found to be service-connected, as the additional disability did not result from VA medical treatment.

The Veteran's service-connected cervical spine and lumbar spine disabilities did not cause or contribute substantially to his death from metastatic adenocarcinoma of the liver. The Board finds that these conditions are minor, quiescent disabilities.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing.

The Veteran's claims for increased disability ratings for his cervical spine, lumbar spine, depressive disorder and panic disorder, and cervical radiculopathy of the upper extremities are being remanded due to the need for additional development.

The Board found that cervical radiculopathy and degenerative joint disease were not incurred in or aggravated by service, as they are unrelated to an injury, disease, or event in service. The claim was denied.

The Veteran's low back disability warrants a 40 percent rating for functional impairment of the spine throughout the period of this claim, and does not warrant more than a separate 10 percent rating for right sciatica for any portion of the period.

The Veteran's service-connected disabilities do not render him unemployable, as multiple VA and private examiners have indicated that he is capable of performing sedentary work.

The Veteran's appeal is being remanded for additional development of his VA treatment records and consideration of his claims for increased ratings.

The Board denied the Veteran's claims for increased ratings for his lumbar strain and radiculopathy, finding that the current ratings adequately reflect the severity of his disabilities.