Radiculopathy & sciatica decisions — 2014

The Veteran's claims for higher ratings for low back disability and associated bilateral lower extremity radiculopathy are being remanded due to the need for additional evidentiary development.

The Board of Veterans' Appeals has determined that the Veteran's back disability, sciatica, and restless leg syndrome did not have onset in service or due to active military service.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right and left lower extremities are each rated at 10 percent. The Veteran's patellofemoral syndrome of the right knee is also rated at 10 percent.

The Veteran's claim for an effective date prior to October 1, 2008, for the grant of separate 10 percent ratings for radiculopathy of the bilateral lower extremities is granted. Effective from November 1, 2005.

The Board has granted service connection for degenerative disc disease of the lumbar spine with arthritis and left lower extremity sciatic neuropathy as secondary to service-connected low back strain.

The Veteran's service-connected lumbar radiculopathy of the right lower extremity is rated at 10 percent prior to November 30, 2010. The Veteran was granted a higher rating of 20 percent effective from that date.

The Veteran's appeal involves multiple issues related to effective dates for service connection and disability ratings. The Board has determined that additional development is needed, including obtaining results of VA January 2008 vascular studies and/or EKG study, reviewing all relevant evidence added since the April 2012 statement of the case, and issuing a supplemental statement of the case.

The Veteran meets the schedular requirement for TDIU, and her service-connected disabilities render her unemployable.

The Veteran's claims for increased ratings for his thoracolumbar spine disability and radiculopathy of the lower extremities were denied. The VA found that the evidence did not support a higher rating based on the severity of his symptoms or functional impairment.

The Board has determined that the Veteran's cervical spine disorder, right and left upper extremity disorders are not related to his military service.,Service connection for these conditions cannot be granted as there is no evidence of a nexus between current disabilities and in-service injury.

The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, effective July 28, 2009. The Board finds that a higher rating for his service-connected radiculopathy of the left lower extremity is warranted.

The Board has reopened the Veteran's claims for service connection for a low back disability and radiculopathy of the lower left extremity, finding new and material evidence to support these claims.,Service connection is granted for both conditions as secondary to the Veteran's service-connected low back disability.

The Veteran's appeal is being remanded to obtain additional medical records and for a comprehensive examination. The issues of service connection for left median mononeuropathy and whether new and material evidence has been received to reopen the claim of service connection for a left shoulder disability are pending.

The Veteran's claims for increased ratings for his service-connected right subtrochanteric femur fracture, sciatic nerve palsy of the right lower extremity, and right knee disability have been denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining VA treatment records and providing new examinations.

The Veteran's service-connected low back disability is currently rated at 40 percent, the highest schedular rating available for this condition.

The Veteran's lumbar spine disability is currently rated at 20 percent, and his radiculopathy of the left lower extremity is separately evaluated. The Board finds no basis to grant a higher rating for either condition.

The Veteran's sciatica affecting both lower extremities is considered to be a result of disease or injury incurred during active military service.

The Veteran's service-connected disabilities do not meet the percentage rating standards for TDIU. The Board finds that he is not unemployable due to his service-connected conditions.

The Veteran's service-connected disabilities, including his musculoskeletal conditions and abdominal injury, render him unable to secure and follow a substantially gainful occupation.