Radiculopathy & sciatica decisions — 2012

The Board granted an increased rating of 40 percent for the service-connected lumbar spine disability with bilateral lower extremity radiculopathy, effective July 24, 2012. The earlier effective date for major depressive disorder was also granted.

The Veteran's claims for service connection on the merits were denied. The appeal is mixed as some issues were granted and others were not.

The Board has remanded the case due to the need for additional records from Social Security Administration (SSA). The Veteran's claims for service connection and non-service connected pension are pending.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore, denied the claim for service connection for the cause of the Veteran's death.

The Board denied the Veteran's claims for service connection and TDIU due to his disabilities, including radiculopathy of the upper and lower extremities. The issues were related to whether the initial grant of service connection for radiculopathy of the right lower extremity was protected.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's claims for increased ratings and a TDIU were denied. The cervical spine disability was rated at 30 percent, the low back strain at 20 percent, and left leg L5 radiculopathy at 10 percent. The combined rating of 60 percent did not meet the minimum percentage requirements for a TDIU.

The Veteran's appeal is remanded due to the need for additional VA examinations and records, including treatment from the Biloxi VAMC. The case will be reconsidered based on all evidence.

The Veteran's appeal is being remanded for additional development, including a VA examination and the obtaining of updated medical records.

The Board finds that the Veteran does not have additional disability of cervical spine C6-C7 concentric disc bulging or left ear disorder as a result of VA medical treatment involving cervical spine surgery in August 1996.

The Veteran's intervertebral disc syndrome is manifested by incapacitating episodes having a total duration of six weeks or more within the past 12 months, warranting a 60 percent rating.

The Board denied service connection for a cervical spine disability, finding that there was no evidence linking the condition to active service or a service-connected knee disability. The Veteran's lumbar spine disability claim remains pending as new and material evidence has not been presented.

The Board found that the Veteran's lumbar strain does not warrant a rating in excess of 20 percent, as her forward flexion is no worse than 60 degrees and there is no evidence of favorable ankylosis. A separate 10 percent rating was assigned for mild incomplete paralysis of the sciatic nerve associated with the back.

The Veteran's lumbar spine disability is adequately considered under the schedular criteria and does not represent an exceptional disability picture that would warrant an extraschedular rating.

The Veteran's appeal is being remanded for further development of the evidence, including obtaining updated medical records and addressing issues related to service connection and increased ratings.

The Veteran's low back disability and right lower extremity radiculopathy are not rated higher than the current assigned ratings.

The Veteran's claim of service connection for degenerative joint disease and degenerative disc disease of the lumbar spine with radiculopathy of the left lower extremity, claimed as secondary to her service-connected muscle strain of the low back, is being remanded due to inadequate VA examination and need for additional development.

The Veteran's appeal is remanded for a new VA examination to determine the current manifestations and effects of his service-connected low back disability and right lower extremity radiculopathy, as well as an opinion on whether he is unemployable due to these disabilities. The issues include increased rating for lumbosacral strain with degenerative joint disease and initial higher rating for right lower extremity radiculopathy.

The Veteran's service-connected disabilities, while disabling, do not render him unable to secure and follow substantially gainful employment.

The Board has determined that the Veteran's low back disorder is caused by his service-connected right knee disability and grants service connection for this condition.