Radiculopathy & sciatica decisions — 2013

The Board has reopened the Veteran's claim for service connection for spinal disk herniation with associated encroachment upon and displacement of the right S1 nerve root with radiculopathy, finding that new and material evidence has been received. The issue will now be addressed on its merits.

The Board found that a current low back disorder with mild right-sided radiculopathy did not have its onset during active service or become manifest within the first post-service year, and is not proximately due to any service-connected disability.

The Veteran's claims for service connection for various conditions, including radiculopathy of the upper and lower extremities and a right knee disability, have been denied. The Veteran does not have diagnosed disabilities that warrant an increased evaluation for recurrent tinnitus.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective August 7, 2010. He also has a separate rating for right leg radiculopathy of 10 percent.

The Veteran's cervical and lumbar spine disabilities have been rated based on their functional limitations, with the most recent rating decision increasing the ratings to 20 percent effective September 14, 2011.,Prior to September 14, 2011, the Veteran's cervical and lumbar spine disabilities were rated at 10 percent. As of September 14, 2011, they have been rated at 20 percent.

The Veteran is granted service connection for onychomycosis of the right middle fingernail, which was incurred in active service.,Service connection is also granted for chronic lumbar strain with early degenerative joint disease of the lumbar spine and sciatica of the right lower extremity. The Veteran's anxiety disorder claim remains pending.

The Board found that the Veteran's lumbar spine disabilities did not begin in service and are not otherwise traceable to his active duty service, thus denying his claim for service connection.

The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion regarding the Veteran's back disabilities.

The Veteran's GERD with diarrhea was granted an initial evaluation of 30 percent, effective September 4, 2007. The lumbar spine disability received a separate 10 percent rating for irritable bowel syndrome and a 20 percent rating for degenerative disc disease. Left leg radiculopathy received a 30 percent evaluation.

The Board has restored a 40 percent rating for the Veteran's service-connected low back pain with herniated nucleus pulpous L5-S1, now diagnosed as status post L5-S1 left hemilaminectomy, foramenotomy, L5-S1 microdiscectomy with advanced degenerative disc disease. The reduction from 40 to 20 percent was found to be void ab initio.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records since April 2011 and scheduling a new VA examination. The issue of entitlement to an initial disability rating in excess of 10 percent for left lower extremity radiculopathy associated with degenerative arthritis of the lumbar spine will be reconsidered.

The Board denied the Veteran's claims of service connection for left and right arm radiculopathy and weakness, finding that the pre-existing disabilities were not aggravated by active service or during a period of ACDUTRA.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU.

The Veteran's service-connected radiculopathy of the right lower extremity is currently rated at 10 percent, which corresponds to mild incomplete paralysis.,Prior to September 22, 2011, the Veteran's service-connected radiculopathy of the left lower extremity was rated at 10 percent. Since then, it has been rated at 40 percent.

The Veteran's left leg radiculopathy resulted in severe pain, paresthesia, numbness, and objective findings of weakness since November 15, 2011. The disability picture more closely approximated severe incomplete paralysis due to left leg radiculopathy.

The Veteran's claims for increased ratings were denied. The RO increased the rating for the service-connected osteoarthritis of the thoracolumbar spine to 40 percent effective on September 8, 2008 and for residuals of a fracture of the left fibula to 30 percent effective on July 20, 2010. The Veteran's claims remain pending.

The Board finds that the Veteran's current right shoulder disorder is not related to his period of service and therefore denied his claim for service connection.

The Veteran's claim for a higher initial disability evaluation for the service-connected adjustment disorder with depressed mood was granted, and he is now rated at 50 percent from August 25, 2010. Other claims were either denied or are pending.

The Board denied service connection for a neck disorder, irritable bowel syndrome, and radiculopathy of the right and left lower extremities as these conditions are not caused or aggravated by service-connected disabilities.,The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board denied service connection for scintillating scotoma, anxiety disorder, and heart murmur. The Veteran's osteopenia was also not granted an initial compensable evaluation.