Radiculopathy & sciatica decisions — 2012

The Veteran's lumbar strain has been rated at 20 percent since August 17, 2006. As of February 8, 2012, the disability is rated at 40 percent due to limitation of motion and associated left leg sciatic neuritis.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Veteran's service-connected lumbosacral strain and right lower extremity radiculopathy were evaluated at 10% and 20%, respectively. The RO increased the evaluation for right lower extremity radiculopathy to 20%.

The Board has reopened the Veteran's claim of service connection for a low back disability with bilateral lower extremity radiculopathy and granted it, finding that new evidence supports the claim.

The Veteran's representative has withdrawn the appeal for his initial disability ratings for spinal fusion with a history of back injury resulting in a fractured spine, and for left leg radiculopathy.

The Board has determined that the Veteran's cervical spine strain and lumbar radiculopathy are not related to his military service, while his head injury is not shown to be related to service. The claims for these conditions have been denied.

The Veteran's claims for service connection have been denied due to his failure to report for a scheduled VA examination. Without an examination, the Board cannot determine if the claimed conditions are related to service or secondary to other service-connected disabilities.

The Veteran's appeal is remanded for additional examination and development of records to determine if he meets the criteria for a total disability rating based on individual unemployability due to his service-connected lumbar spine disorder and associated radiculopathy.

The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to November 12, 2003 was denied by the RO. The Board remanded the matter again due to incomplete VA examination.

The Veteran's emergency room visit on January 21, 2008 for non-service-connected cervical radiculopathy and chronic pain syndrome was found to be a medical emergency. The Board granted reimbursement of $172.00 for the treatment provided at Fremont Area Medical Center.

The Veteran has withdrawn his appeals for service connection for degenerative disc disease of the lumbar spine and bilateral radiculopathy.

The Veteran's lumbar spine disability, including left radiculopathy, has not met the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The current 20% rating remains appropriate given the limited range of motion and lack of ankylosis.

The Veteran's claims for service connection are being remanded due to the unavailability of his service treatment records and need for further medical examination.

The Veteran's thoracolumbar spine disability, right leg radiculopathy, and right tibia disability were all denied increased ratings. The thoracolumbar spine disability was rated at 40%.

The Board has remanded the case for further development, including obtaining medical records and arranging a VA examination. The Veteran's claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is being addressed.

The Veteran's appeal is being remanded to obtain updated VA treatment records and conduct a new medical examination. The purpose of the remand is to clarify whether any additional low back disability resulted from an injection administered by VA for right-sided low back pain.

The Board has remanded the case for additional development due to the need for updated VA medical examinations and records.

The Board has found that the Veteran's lumbar spine disability, bilateral hip disability, and scoliosis are not related to his military service or a service-connected condition.

The Veteran's initial disability ratings for degenerative disc disease and degenerative joint disease of the lumbosacral spine, left sciatic nerve deficits associated with the lumbosacral spine, right sciatic nerve deficits associated with the lumbosacral spine, status-post anterior cruciate ligament reconstruction of the left knee, and a left knee scar have been granted. The Veteran's initial disability rating for degenerative disc disease and degenerative joint disease of the lumbosacral spine is 40 percent.

The Board has ordered additional development for the appellant's claims, including obtaining his service medical records and arranging for examinations to determine the nature and etiology of his claimed disabilities. The case will be returned to the RO/AMC for further consideration.