Radiculopathy & sciatica decisions — 2013

The Board has determined that additional development is needed to determine if the Veteran's right hip arthritis, sciatic nerve condition, and diabetes mellitus are related to his service-connected left knee disorder.

The Veteran's claims for increased disability rating and service connection are being remanded due to the need for additional VA examinations, issuance of a new notice letter, and development of the issue regarding entitlement to service connection for a left knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for appropriate VA examinations to assess his service-connected low back disability, left knee strain, and bilateral lower extremity radiculopathy.

The Board has determined that further development is needed before deciding the Veteran's claim for a rating in excess of 20 percent for arthritis of the lumbosacral spine with bilateral radiculopathy.,Regarding the issue of service connection for a sleep disorder (including sleep apnea), the evidence does not support finding that it is caused or aggravated by his service-connected disabilities.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Veteran's appeal was denied for all issues, including service connection and increased rating claims.

The Veteran's appeal is being remanded due to deficiencies in the VA examinations and lack of a specific EMG study. The case will be reconsidered after these issues are addressed.

The Veteran's claim for a higher rating for chronic back pain with spondylolisthesis L5-S1, status post fusion was granted. The claims for left and right lower extremity radiculopathy were also granted effective July 8, 2009. A separate compensable disability rating of 40 percent was assigned for painful scars from June 10, 2010 onwards.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and review of his service-connected disabilities in combination.

The Veteran's lumbar spine disability and associated radiculopathy of the right lower extremity are rated at 20 percent, effective from December 4, 2012.

The Veteran seeks service connection for bilateral radiculopathy and neuropathy of the lower extremeties, which he claims are secondary to his service-connected lumbar spine disability. The claim is reopened.,The Veteran also seeks an evaluation in excess of 40 percent for his service-connected lumbar spine disability and TDIU.

The Veteran's claim for residuals of head injury has been denied as there are no documented residuals. Her claim for right upper extremity disability, including radiculopathy, is pending and will require further examination to determine its etiology.

The Board found that the Veteran's current low back and right leg sciatica conditions are not related to his service, with the exception of a possible connection between the inservice injury and the degenerative process in the lumbar spine. The claims for service connection were denied.

The Veteran's service connection claims for a left shoulder disability and bilateral lower extremity disorder (excluding radiculopathy and peripheral neuropathy) were granted. The initial evaluations for the disabilities are 10 percent each.,Effective February 24, 2011, the Veteran was assigned increased ratings of 20 percent for his right lower extremity peripheral neuropathy, left upper extremity radiculopathy, and right upper extremity radiculopathy. The initial evaluations were 10 percent each prior to this date.,The Veteran's service connection claims for a left shoulder disability and bilateral lower extremity disorder (excluding radiculopathy and peripheral neuropathy) were granted. The initial evaluations for the disabilities are 10 percent each.,Effective February 24, 2011, the Veteran was assigned increased ratings of 20 percent for his right lower extremity peripheral neuropathy, left upper extremity radiculopathy, and right upper extremity radiculopathy. The initial evaluations were 10 percent each prior to this date.

The Board has determined that the Veteran's right lower extremity radiculopathy warrants a separate rating of 20 percent.

The Veteran's herniated nucleus pulposus and radiculopathy of the lower extremities have been granted increased ratings, with the herniated nucleus pulposus receiving a rating of 40 percent effective August 26, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining worker's compensation records and clarifying the reasons for his disability retirement. A comprehensive VA examination with an occupational specialist/psychologist will be conducted to assess the Veteran's employability given his service-connected disabilities.

The Veteran's claim for increased ratings for DDD of the lumbar spine and left leg sciatica was denied, while his claim for a compensable rating for hemorrhoids was granted. The effective date is not specified.

The Veteran's service-connected left and right lower extremity radiculopathy have been rated at 10 percent each, effective June 13, 2005. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's service-connected back disability, left knee radiculopathy, and left knee laxity have been granted higher initial ratings. The rating for the back disability is at its maximum of 40 percent.