Radiculopathy & sciatica decisions — 2012

The Board found that the Veteran's current back disorders are not related to his military service and denied his claim.

The Veteran's appeal is being remanded for further development, including a VA examination and consideration of the evidence in light of revised rating criteria.

The Board found that the Veteran's lumbar spine disability, including L4-L5 degenerative spondylolisthesis and severe stenosis, was not incurred in or aggravated by active service. The arthritis of the lumbar spine is also not presumed due to a lack of evidence within one year post-service.

The Veteran's appeal is being remanded for additional development to gather medical records and clarify his position on the disability ratings.

The Veteran's service-connected disabilities, including intervertebral disc syndrome, lumbosacral spine; residuals of a right shoulder injury; intervertebral disc syndrome, cervical spine; right arm radiculopathy as secondary to cervical spine associated with intervertebral disc syndrome, cervical spine; and headaches, prevent him from securing and maintaining substantially gainful employment.

The Veteran's claim for service connection for lumbar radiculopathy, to include on a secondary basis, is being remanded due to the need for additional development and examination.

The Board finds that the Veteran's cervical spine disability, vertigo, and depression are all related to his service. The cervical spine disability is presumed to be caused by a whiplash injury sustained in service, while the vertigo and depression are linked to these disabilities.,A current head injury was not found.

The Board finds that the Veteran's low back disability is service-connected as it is more likely than not caused by or a result of his military service, specifically his parachute jumps and involvement in a motor vehicle accident.

The Veteran's appeal for an increased rating of his service-connected left S1 radiculopathy has been withdrawn. The case is dismissed.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including an examination and consideration of all his service-connected disabilities.

The Board found that the Veteran does not have sciatica with radiculitis and therefore denied his claim for service connection.

The Veteran's claim for an effective date earlier than April 17, 2001, for the grant of service connection for his lumbar spine disorder was granted. The effective date is set at October 6, 1975.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for lumbar disc disease, status post surgery with radiculopathy.

The Board has remanded the case for further development, including consideration of an extraschedular evaluation and Social Security disability benefits. The Veteran's claim is still pending.

The Board found no evidence of a chronic right leg or right knee disorder present during service, and denied the Veteran's claims for service connection.

The Veteran's appeal is being remanded to allow for additional examinations and consideration of his claims, including those related to degenerative disc disease of the lumbar spine, calcaneal spurs of both feet, and radiculopathy of the right lower extremity.

The Board has determined that the Veteran's service-connected disabilities have rendered him unemployable since December 11, 2009. The claim for a TDIU is granted.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, which is appropriate given his current range of motion and lack of incapacitating episodes. A separate rating for mild chronic left L5 radiculopathy has also been granted.

The Board granted an increased rating of 10 percent for radiculopathy of the right lower extremity prior to August 4, 2009.

The Veteran's appeal has been withdrawn and is dismissed as the Veteran has opted to discharge these issues.