Radiculopathy & sciatica decisions — 2013

The case is being remanded to the RO for further medical clarification regarding a higher rating for traumatic arthritis of the lumbar spine and whether separate ratings are warranted for associated lumbosacral radiculopathy.

The Board denied a rating in excess of 10 percent for myofascial back pain syndrome prior to February 21, 2005 and granted a disability rating of 20 percent for the condition effective from February 21, 2005. The Board also granted separate disability ratings of 10 percent for right and left lower extremity radiculopathy associated with myofascial back pain syndrome, effective from February 3, 2011.

The Board has remanded the claims for further development due to insufficient medical opinions and missing VA treatment records.

The Veteran's right knee degenerative joint disease is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted for this condition.

The Board has reopened the Veteran's claim for service connection for hypertension and granted it. The Veteran is also granted an initial evaluation of 10 percent for his sensorimotor radiculopathy, right arm.

The Veteran's TDIU was granted effective March 1, 2004. The appellant is eligible for DEA benefits starting from either the date of the rating decision (March 9, 2011) or any date between March 1, 2004 and March 9, 2011 chosen by the appellant.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging a VA examination to assess the current severity of his cervical and lumbar spine disabilities.

The Veteran's appeal is being remanded to schedule her for a Travel Board hearing at the earliest opportunity.

The Veteran's appeal is being remanded to obtain additional medical records from SSA and any workers compensation authority, as well as private treatment records. The issue of entitlement to an evaluation in excess of 20 percent for degenerative disc disease and degenerative joint disease of the lumbar spine with right L-2 radiculopathy will be reconsidered after these records are obtained.

The Veteran's lumbar DDD was granted a 40% evaluation effective October 14, 2008. He also received a separate 10% rating for left leg radiculopathy effective July 2, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess his employability due to service-connected disabilities.

The Veteran's degenerative changes of the lumbar spine are currently rated at 40 percent, and his incomplete paralysis of the sciatic nerves of both lower extremities are each rated at 20 percent. Effective April 15, 2008, a 50 percent rating for the lumbar spine is granted.

The Veteran's combined disability rating is 80 percent, which satisfies the statutory requirements for TDIU. However, the weight of medical opinion and other evidence indicates that his service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment after February 2012.

The Veteran's depression is found to be proximately caused by his service-connected schizophrenia and bipolar disorder, resulting in a grant of service connection for depression.

The Veteran's cervical spine disability is rated at 30 percent, effective from the date of this decision. The lumbosacral spine disability remains at a 10 percent rating prior to December 1, 2011 and at a 20 percent rating thereafter. Separate 10 percent ratings are assigned for right and left circumflex nerve paralysis.

The Veteran's claims for left lower extremity radiculopathy, pes planus, and a pelvic tilt with an apparent leg length discrepancy are being remanded due to the need for additional development of her medical records.

The Board has determined that the Veteran's low back condition, including degenerative disc disease of the lumbar spine with foraminal and mild canal stenosis at L5-S1 and right S1 radiculopathy, is proximately related to or the result of his service-connected residuals of a right ankle sprain. As such, service connection for this condition has been granted.

The Board has ordered additional development to determine the impact of the Veteran's service-connected disabilities on his ability to secure and maintain employment. The case is being remanded for further action.

The Veteran's lumbar spine disability is rated at 20 percent, effective from the date of the June 2009 rating decision. He also received separate ratings for right and left sciatic nerve impairment.

The Board found that there is no medical diagnosis of complete or incomplete paralysis, neuritis, or neuralgia associated with the Veteran's complaints of left lower extremity radiculopathy. Therefore, a separate compensable rating for this condition was denied.