Radiculopathy & sciatica decisions — 2014

The Board has determined that the Veteran's current low back disability is at least as likely as not related to an injury sustained during service, and thus grants service connection for this condition.

The Veteran's service-connected DDD of the lumbar spine, postoperative laminectomy and fusion, was granted a higher 40 percent rating effective January 24, 2012. Prior to this date, he received a 20 percent rating. Separate ratings for associated lower extremity radiculopathy were also granted.

The Veteran's bilateral pes planus was aggravated by service, and he is granted service connection for this condition. The Board also found that the Veteran's TDIU claim from April 2009 to June 6, 2010, was warranted due to his service-connected disabilities preventing him from obtaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and ensuring all pertinent medical treatment records are added to the claims file.

The Veteran's appeal is being remanded to the AOJ for scheduling a travel board hearing. The Board will not make any determination on the merits of his claims until after this hearing.

The Veteran's GSW residuals of the right hip and degenerative joint disease of the lumbar spine with associated bilateral radiculopathy of the lower extremities are rated at 50 percent and 20 percent, respectively.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and readjudicating the issues of higher initial disability ratings for his service-connected back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's service-connected disabilities do not render him unemployable as he has worked in various sedentary positions and is capable of engaging in less physically demanding work.

The Veteran's claims for increased ratings for lumbar strain and right lower extremity radiculopathy were denied by the Board. The initial disability rating for lumbar strain remains at 40 percent, while the initial disability rating for right lower extremity radiculopathy remains at 10 percent.

The Board has determined that the Veteran's current lumbar spine disorder and associated radiculopathy in the left lower extremity are likely aggravated by his service-connected right knee disability, warranting service connection based on secondary aggravation.

The Veteran's low back disorder is currently rated at 10 percent, and she has a separate 10 percent rating for radiculopathy of the right lower extremity. The Board finds that her symptoms do not warrant an increased rating.

The Board has remanded the case for additional development, including obtaining VA treatment records and an addendum medical opinion.

The Board has determined that the Veteran's service-connected low back disability does not warrant an extraschedular rating, but has granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's bilateral sensory neuropathy of the lower extremities and residuals of shrapnel wounds to the back, including sciatica are found to be related to his service in Korea.

The Board denied the Veteran's claims for service connection of bilateral hip and knee condition, GERD with esophageal ulcerations, and left lower extremity radiculopathy. The decision also found no clear and unmistakable error in the initial noncompensable rating assigned for left lower extremity radiculopathy or the continued 10 percent evaluation for chronic lumbar strain.

The Veteran's claims for sciatica of the left and right legs, as well as a lumbar spine disorder and knee disorders are not supported by evidence. The Veteran's left shoulder fracture is service-connected.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disorder was rated at 40 percent, while the peripheral neuropathy of the left leg was rated at 10 percent.

The Board has determined that further medical examination is needed to determine if the Veteran's cervical spine and bilateral upper extremity radiculopathy disabilities are proximately due to or aggravated by his service-connected lumbar spine disability.

The Veteran's degenerative disc disease, L5-S1 with spondylosis was rated at 10 percent prior to November 14, 2013 and increased to 20 percent thereafter.,Radiculopathy of the left lower extremity was initially rated at 10 percent prior to November 14, 2013 and increased to 20 percent thereafter. Radiculopathy of the right lower extremity received a similar rating increase.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling a VA examination to assess the current severity of his service-connected lumbar spine disability and lower extremity radiculopathy.