Radiculopathy & sciatica decisions — 2011

The Veteran's disability rating for his lumbosacral spine condition was denied, with the exception of a separate 20 percent rating assigned for radiculopathy affecting the left lower extremity. The primary issue pertained to whether he should receive an increased rating for his spinal condition prior to July 23, 2010.

The Veteran's radiculopathy of both lower extremities is currently rated at 20 percent each, and the Board finds that no higher rating is warranted.

The Board denied the Veteran's claims for service connection for a back disability and a right shoulder disability, finding that there was no evidence of chronic disabilities present in or related to active duty service.

The Veteran's appeal is being remanded to the RO for further examination and consideration of her claims, including service connection for depression.

The Veteran's claim for an initial rating in excess of 70 percent for major depressive disorder was granted. Service connection for sinusitis, chronic fatigue syndrome (CFS), sciatica, and Raynaud's syndrome were denied.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and severity of his service-connected lumbar strain and whether sciatica of the lower extremities is proximately due to or aggravated by this condition. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's cervical spine disability is currently rated at 20 percent, the maximum schedular rating available for a cervical spine disability. The Board finds no basis to grant a higher rating.

The Board denied the Veteran's claim for service connection for cervical radiculopathy secondary to his service-connected facet syndrome with sclerosis of the lumbosacral spine.

The Veteran's claims for increased evaluations for his service-connected degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity are being remanded due to the need for additional medical examination.

The Veteran's claims for higher ratings for low back strain and right lower extremity radiculopathy were denied. The current rating of 40 percent for low back strain is the maximum available under the applicable diagnostic codes.

The Veteran's lumbar spine disability is manifested by greater than 60 degrees flexion, a combined range of motion of greater than 120 degrees, and no muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour; there are no incapacitating episodes. The criteria for a rating greater than 10 percent have not been met.

The Veteran's right and left sciatic nerve root involvements are currently evaluated as 10 percent disabling each, with no higher ratings warranted based on the current evidence of record.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound is remanded due to incomplete medical records and need for further examination.

The Veteran's low back disability was rated at 20 percent since March 16, 2007. From November 25, 2008 to March 7, 2010, he received a separate 10 percent rating for left lower extremity radiculopathy.

The Veteran's service-connected degenerative disc disease with spinal stenosis and S1 radiculopathy is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's low back disability, including DDD and associated radiculopathy, was rated at 40 percent effective November 1, 2010. He is also entitled to a separate rating for moderate neurological abnormalities due to the condition.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of updated outpatient records. The case will be returned to the Board for further action.

The Veteran's DDD of the lumbar spine is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 10 percent. The claims for increased ratings have been denied.

The Veteran's appeal is being remanded for additional development, including obtaining up-to-date VA treatment records and scheduling the Veteran for appropriate VA examinations to determine the degree of impairment due to urinary retention, left leg sciatica, and lumbar myofascial pain syndrome.

The Board has remanded the Veteran's claims for bilateral hearing loss, residuals of a left upper extremity injury including radiculopathy (claimed as left shoulder and arm injury), and cervical spine disability to allow for further development.