Radiculopathy & sciatica decisions — 2011

The Veteran's right lower extremity radiculopathy is found to be proximately due to or the result of his service-connected degenerative disc disease of the lumbar spine. The Veteran's increased rating claim for his lumbar spine disability remains pending.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 10 percent, and his claim for peripheral neuropathy or radiculopathy of the right lower extremity has been granted as secondary to his service-connected lumbar spine disorder.

The Veteran's service-connected disabilities do not warrant an extra-schedular rating, but he is found to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected degenerative arthritis of the lumbar spine with sciatica is currently rated at 40 percent, effective January 6, 2010. The appeal for higher ratings prior to this date has been denied.

The Veteran's private medical expenses for treatment on March 15, 2010 were not authorized by VA and reimbursement is denied.

The Board has determined that the Veteran's low back disability with right leg radiculopathy is not caused by or a result of the August 2005 bone marrow biopsy conducted at the Cincinnati VA Medical Center, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran is seeking an increased rating for his service-connected lumbar spine injury with degenerative joint disease, degenerative disc disease, stenosis and intermittent recurrent sciatica radiculopathy. The Board has determined that the current evidence of record is not sufficient to make a decision on this issue and has therefore remanded the case for further development.

The Board denied service connection for depression and a lumbosacral herniated nucleus pulposus, as well as service connection for radiculopathy of the lower left and right extremities. The Veteran's claims were remanded to issue statements of the case on these issues.

The Veteran's appeal is remanded due to insufficient evidence regarding his ability to secure or maintain substantially gainful employment due to service-connected disabilities. Additional medical records and Social Security Administration records are needed.

The veteran's appeal is being remanded for a VA examination to determine the presence and extent of lumbosacral radiculopathy, as his May 2006 VA examination did not reflect this condition.

The Veteran's low back disability with radiculopathy was initially rated at 10 percent prior to January 13, 2009 and increased to 20 percent thereafter. The claim for an initial rating in excess of 10 percent prior to January 13, 2009 is granted.

The Veteran's service-connected disabilities, including DDD of the lumbar spine and sciatica of both lower extremities, do not render him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's radiculopathy of the right lower extremity was manifested by no more than mild disability and denied an evaluation in excess of 10 percent.

The Board has determined that the Veteran does not currently have radiculopathy of the left lower extremity and therefore service connection cannot be granted.

The Veteran's claims for increased evaluations for his right shoulder disorder and lumbar spine disorder were denied as the evidence did not support a higher rating based on current functional impairment.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied. His service-connected cervical spine disability remains unconnected.

The Board denied the Veteran's claims for service connection for bilateral leg weakness, residuals of a left shoulder injury, stomach disorder, diabetes mellitus, and peripheral neuropathy. The decision was based on the lack of evidence showing current diagnoses or a link to service.

The Veteran's lumbar spine disability has been rated at 40 percent since September 1, 2004 and increased to 50 percent effective September 1, 2004. The right sciatic nerve disability is currently rated at 40 percent. Bladder incontinence associated with the lumbar spine disability does not require a compensable rating.

The Veteran's pre-existing low back disability was permanently worsened by the July 27, 2004 VA colonoscopy and cystoscopy. The Board found that this additional disability was not reasonably foreseeable.