Radiculopathy & sciatica decisions — 2011

The Veteran's lumbar spine disability is rated at 40 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. The bilateral leg disabilities are not service-connected.

The RO reduced the Veteran's disability rating from 60 to 40 percent for his service-connected herniated disc with intervertebral disc syndrome and degenerative joint disease of the thoracolumbar spine with left lower extremity radiculopathy, effective June 1, 2007. The reduction was proper as there was no evidence that the criteria for a 60 percent rating were met.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher schedular ratings for lumbar spondylosis, spondylolisthesis, and degenerative joint disease from November 30, 2005 to November 14, 2007 or January 1, 2008 to February 22, 2009. The Veteran's claim for left S1 sensory radulopathy was also denied.

The Board denied the Veteran's claims for service connection for hypertension on a direct basis and for increased evaluations of her lumbar spine disability and left leg radiculopathy. The evidence did not establish that hypertension was incurred in or aggravated by active service, nor could it be presumed due to its onset within one year after discharge.

The Veteran's current disability of thoracic outlet syndrome, which causes numbness and pain in his arms, was incurred during service. The Board finds that the Veteran has a current disability related to his military service.

The Board has reopened the Veteran's claim for service connection for a lower back disorder and granted service connection for L5 radiculopathy to the left lower extremity. The Veteran's current lower back disability is found to be related to his active duty service.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral foot radiculopathy were denied. The effective dates for the grants of service connection for L5-S1 radiculopathy in both feet have been granted.

The Veteran's currently diagnosed degenerative disc disease/degenerative joint disease with L5-S1 right radiculopathy was incurred in military service and granted as direct service connection.

The Veteran's appeal is being remanded to obtain additional medical records and a VA examination to determine the likely etiology of his current low back, hip, and pelvic area disabilities.

The Veteran's service-connected lumbar and cervical spine disabilities, including associated lower extremity neurologic manifestations, are granted. The case is remanded for further development.

The Board has determined that further development is needed to address the appellant's claim for service connection for the cause of the Veteran's death, including providing proper VCAA notice and obtaining additional medical records. The case will be remanded for these actions.

The Veteran's service connection for chronic lumbar strain with DDD was granted, but the initial rating of 10% prior to December 29, 2008 is denied. Ratings of 40% and 30% are assigned for lumbar radiculopathy of the right and left lower extremities from February 24, 2009.

The Veteran's appeal is remanded for additional development of his private treatment records and a VA examination to assess the severity of his service-connected osteoarthritis of the spine and its associated lumbar radiculopathy.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the nature and etiology of his claimed low back, right knee, and sciatica disabilities.

The Board found that the Veteran's current lumbar spine disability was not incurred in or aggravated by active service and arthritis may not be presumed to have been so incurred or aggravated.

The Board has granted service connection for degenerative disc disease and degenerative arthritis of the thoracolumbar spine, as well as left leg radiculopathy. The Veteran's lumbar spine disability is found to have its onset in service, while his left leg radiculopathy is found to be causally connected to his lumbar spine disability.

The Veteran's low back strain with degenerative disc disease and left leg radiculopathy are currently evaluated at 40 percent. The right knee, left knee, and left ankle disabilities have been separately evaluated as well. The Veteran is granted increased evaluations for his service-connected conditions.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine and associated radiculopathy are being remanded due to incomplete development.

The Veteran's appeal is denied as the effective date for service connection of his cervical spine disability cannot be earlier than February 26, 2011.