Radiculopathy & sciatica decisions — 2011

The Board has determined that the claim for service connection for radiculopathy of the lower extremities, to include as being secondary to the appellant's service-connected disability of moderate degenerative disc disease with disc narrowing poster bulge of the disc margin at the lumbosacral junction, should be remanded due to incomplete medical records and need for further examination.

The Veteran's low back disability is currently evaluated as 40 percent disabling, with no worse than mild incomplete sciatic radiculopathy of each lower extremity and moderate limitation of motion of the lumbar spine. The claim for an increased rating was denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess his employability due to service-connected disabilities and completion of the necessary forms regarding his employment.

The Veteran is seeking an increased rating for his service-connected cervical spine disability. The RO has requested a new VA examination to assess the current severity of the condition, as well as any relevant Social Security Administration (SSA) disability benefits and VA treatment records.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person or at the housebound rate has been remanded due to insufficient information regarding his actual nonservice-connected disabilities. The VA will obtain additional medical records, including from SSA, and schedule a VA examination to determine if he is in need of regular aid and assistance.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of new evidence.

The Veteran's claim for a disability rating in excess of 40 percent for his service-connected degenerative disc disease of the lumbar spine with sciatica was denied. The appeal is based on the current severity of his condition, which does not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's radiculopathy is associated with his service-connected cervical and lumbar spinal stenosis. His peripheral neuropathy of the upper and lower extremities are not related to his service or any aspect thereof, including his service-connected spinal conditions.

The Veteran's low back disability, manifested by limitation of forward flexion to 30 degrees and radiating pain in the left leg, is rated at 40 percent under Diagnostic Code 5293 for recurrent attacks of severe intervertebral disc syndrome with only intermittent relief.

The Board has granted the Veteran's claim for service connection for a sciatic nerve disability affecting his right leg, finding that it is related to his service-connected low back disability.

The Board found that the Veteran's neck and low back disabilities did not exist prior to service, nor were they aggravated by service. Therefore, his claims for service connection are denied.

The Board denied the Veteran's claim for service connection for cervical spine radiculopathy, finding that there was no nexus between his current disability and an in-service injury. The evidence did not establish continuity of symptomatology.

The Veteran's lumbosacral degenerative disc disease has been rated at 10 percent since August 2, 2005. From January 8, 2007, he was granted service connection for right lower extremity radiculopathy and pain as secondary to his service-connected lumbosacral condition.

The Board found that the Veteran's degenerative disk disease of the lumbar spine with radiculopathy was not incurred in or aggravated by service, may not be presumed to have been incurred therein and is not proximately due to or the result of a service connected disease or injury.

The Veteran's claims for depression, low back disability, hamstring muscle cramping, sciatica of the left and right lower extremities are being remanded due to the need for additional medical examinations and opinions. The TDIU claim is also being considered concurrently.

The Board has determined that the Veteran's current diagnosis of multilevel degenerative disc disease and arthritis with associated sciatica of the bilateral legs is service-connected, as his history is consistent with the current examination findings and evaluation.

The Veteran's lumbar spine disability was granted with a staged rating, and the effective date for service connection is set at August 31, 2006. The claimant received an increased evaluation of 40 percent for his lumbar spine disability as of August 24, 2010.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected low back disability and right S-1 sensory radiculopathy.

The Veteran's service-connected disabilities, when considered in light of his educational and occupational background, are of such severity as to preclude him from obtaining or maintaining any form of substantially gainful employment.

The Board has determined that the Veteran's claimed conditions, including lumbosacral strain, thoracolumbar strain with levoscoliosis, degenerative spondylosis at T10-11, sacral strain with left sacral torsion, bilateral sciatica, and bladder incontinence, are not service-connected.