Radiculopathy & sciatica decisions — 2012

The Veteran's lumbar spine disability is rated at 30 percent, and he has separate ratings of 10 percent for radiculopathy in both lower extremities. The appeal was granted.

The Veteran's appeal is being remanded for further consideration of his claim for a total disability rating based on individual unemployability due to service-connected disabilities, including lumbar spine degenerative disc disease, adjustment disorder, and radiculopathy in the right leg. The case will be referred to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's radiculopathy of the right lower extremity is currently rated at 20 percent, which is the highest rating available under VA regulations for this condition.

The Board found no evidence of a service-connected left leg/hip disability or sciatica, concluding that the Veteran's current conditions are not related to his military service.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine and cervical spine, as well as TDIU, were denied. The current ratings for these conditions are considered appropriate.

The Veteran's claims for increased ratings for lumbosacral nerve root injury with radiculopathy and pelvic fracture and separation of the symphysis pubis with low back pain were denied by the Board. The case is being remanded to provide additional development, including scheduling VA examinations.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating, and referral for extraschedular consideration is not warranted.

The Board has remanded the case due to a failure in recording the hearing and offers the appellant an opportunity for a Travel Board hearing.

The Board has remanded the case for additional development due to outstanding records and potential need for new examinations.

The Veteran's claims for increased ratings on osteoarthritis of the spine with scoliosis and L4-L5 spondylolisthesis, as well as lumbar radiculopathy of the right lower extremity, are being considered. The decision is mixed, with some issues granted and others not.

The Veteran's low back disability, including DDD and spondylosis, is rated at 40 percent effective January 26, 2011. His left leg atrophy with associated radiculopathy is rated at 30 percent effective January 30, 2008.

The Veteran's right upper extremity radiculopathy is manifested by decreased sensation and neuritis with normal muscle strength and reflexes, warranting a 10% evaluation.

The Board has granted a 40 percent evaluation for scoliosis of the lumbar spine, effective from February 19, 2008. The Veteran's condition involved forward flexion of the thoracolumbar spine at 30 degrees or less since that date.

The Veteran's right C5-6 cervical radiculopathy and absent brachial reflexes are considered to be reasonably foreseeable consequences of the 1992 surgery, but his psychiatric disorder is not related to the VA care.

The Board has remanded the case for further development, including consideration of Diagnostic Code 5243 and potential extraschedular considerations for the lumbar spine disability. The claim for a separate rating for radiculopathy is unclear from the record.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for low back, bilateral leg, and psychiatric disorders on a secondary basis. The Veteran must be provided with VCAA notice and his claims for secondary service connection must be addressed by the RO/AMC.

The Board has determined that the Veteran's radiculopathy of the right lower extremity is proximately due to his service-connected low back disability, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals at his regional office. The issues include service connection claims and rating determinations.

The Veteran's radiculopathy of the bilateral upper extremities results in no more than mild incomplete paralysis, and thus does not warrant a compensable rating.

The Board has granted service connection for arthritis of the spine and assigned an effective date of July 11, 2009. The Veteran's claim for a TDIU was also granted with this same effective date.