Radiculopathy & sciatica decisions — 2013

The Veteran's claims for increased ratings and an earlier effective date for TDIU were denied. The Veteran is currently rated at 60 percent for intervertebral disc syndrome with degenerative disc disease of the lumbar spine, but not higher, from April 11, 2012. He also has separate 20 percent ratings for radiculopathy of the right and left lower extremities from November 30, 2011 to June 14, 2013, with no higher ratings thereafter.

The Veteran's claims for service connection and increased rating are being remanded to allow for additional examinations and opinions regarding his claimed conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a spine examination. The case will be re-adjudicated after the development.

The Board denied the Veteran's claims for service connection for residuals of injury to the thoracic and lumbar spine, as well as her requests for initial ratings in excess of 20 percent for degenerative changes to C5-6, residuals of injury to the cervical spine, and an initial rating in excess of 30 percent for cervical radiculopathy of the left arm. The Veteran's disabilities were found not related to service.

The Veteran's degenerative disc disease of the lumbar spine with complaint of sciatic left lower extremity was rated at 20 percent prior to October 26, 2012. The rating for sciatica of the right lower extremity was also rated at 10 percent prior to October 26, 2012. Both conditions were increased to 40 percent and 10 percent respectively effective October 26, 2012.

The Veteran's service-connected right L5 radiculopathy and L4-L5 herniated disc with lumbosacral paravertebral myositis have been manifested by significant loss of motion but no ankylosis, either favorable or unfavorable. There is no evidence of incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The Board has remanded the Veteran's claims for service connection due to an inadequate factual basis in a previous examination and because the RO failed to obtain his report of medical history at separation. The case is now pending further development.

The Veteran's death was caused by his willful misconduct of abusing prescription medication, which is not service-connected.

The Board has determined that the Veteran does not have a current low back or sciatica disability that is related to his active service. The VA examiner found no evidence of chronic low back disability in service and noted that the Veteran's current back problems are more likely due to a 2004 train accident.

The Veteran's service-connected disabilities do not meet the threshold criteria for TDIU under 38 C.F.R. § 4.16(a), but his unemployability due to these conditions warrants further consideration and a VA examination.

The Board has determined that the appellant's service-connected lower back disability and its residuals render him unable to secure or follow a substantially gainful occupation, meeting the criteria for a TDIU rating.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The appeal is remanded for further development.

The Veteran's service-connected disabilities, including a left shoulder disability; radiculopathy of the left upper extremity; cervical spinal stenosis at C6-C7; and radiculopathy of the right upper extremity, prevent him from securing or following substantially gainful employment.

The Veteran's claims for increased evaluations for his service-connected low back intervertebral disc syndrome, with degenerative arthritis, and right sciatic neuropathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for service connection for a lumbar spine condition, including herniated nucleus pulposus at L5-S1 on the left with sciatica, is being remanded due to incomplete records and need for additional medical opinion.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of service connection or an increase in disability rating.

The Veteran's service-connected right sciatic neuropathy is currently rated at 20 percent, effective September 21, 2012. The claim for an increased rating prior to that date has been denied.

The Board has determined that additional development is needed to properly assess the Veteran's claims, including for a VA examination and adjudication of the TDIU claim.

The Veteran's claims for increased ratings and service connection were denied. The claim for TDIU was granted.