Radiculopathy & sciatica decisions — 2013

The Veteran's appeal for higher ratings for lumbosacral strain/sprain with disc herniation at L4-L5 and lumbar radiculopathy of the left lower extremity prior to January 29, 2013 was denied. The Veteran received a 10% rating for the left lower extremity condition since that date.

The Veteran's bilateral wrist disability is rated at 10 percent for carpal tunnel syndrome with cervical radiculopathy, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the appeal for additional development, including obtaining VA examination reports and obtaining treatment records. The Veteran's claims for higher initial evaluations for his service-connected disabilities are also being remanded.

The Veteran's back disability was rated at 40 percent effective July 25, 2011. His radiculopathy of the right lower extremity was separately rated at 10 percent effective the same date.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, and he is denied an evaluation in excess of this rating. The Board finds that his disability picture does not meet the criteria for a TDIU due to service-connected disabilities.

The Veteran's lumbar spine disability is rated at 40 percent, and his right lower extremity radiculopathy is rated at 10 percent. The Board finds that neither condition warrants a higher rating.

The Veteran's claim for increased ratings for his low back disability and associated radiculopathy of the right lower extremity was denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected low back disability and any associated neurological symptoms.

The Veteran's claim for an increased evaluation for his low back disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent, as his condition did not meet criteria for limitation of motion or favorable ankylosis.

The Veteran's claim for a higher rating for lumbosacral strain with sciatica was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the Veteran's claims of service connection for sciatica and fibromyalgia, finding that there was no current diagnosis of either condition and insufficient evidence to establish a link between her symptoms and active service.

The Board found that the Veteran's right foot/leg still retains effective function, and thus does not meet the criteria for SMC under 38 U.S.C. § 1114(k).

The Board has granted service connection for a cervical spine disability and left hip disability, finding that these conditions are related to the Veteran's in-service injuries.,A separate award of compensation for bilateral lower extremity radicular pain is referred to the AOJ.

The Board denied service connection for cervical and lumbosacral spine disabilities, finding that the Veteran's current conditions were not incurred in or aggravated by active service.

The Veteran's cervical spine disability was initially rated at 10 percent before January 25, 2011. From that date, the rating was increased to 30 percent.

The Board denied an initial rating in excess of 20 percent for radiculopathy of the left lower extremity, finding that the Veteran's disability did not meet the criteria for a higher evaluation based on moderate incomplete paralysis of the external popliteal nerve.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and conducting a VA examination to assess the current severity of his cervical spine disability.

The Veteran's appeal is about the evaluation of his cervical spine disability and associated radiculopathy. The Board has ordered a remand to obtain updated VA examinations and consider any additional evidence, including a private physician's evaluation from January 2013.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment, as he is currently employed as a substitute teacher and his disabilities limit his ability to perform manual labor.

The Board has remanded the case for additional development, including obtaining VA medical records and providing a new VA examination to determine if the Veteran's lower extremity neurological disorder is related to his military service or any other relevant factors.