Radiculopathy & sciatica decisions — 2014

The Veteran's service connection claim for right lumbar spine radiculopathy has been granted. The issues of entitlement to service connection for a left knee disorder and an increased rating for the right knee disability are pending.

The Veteran's claim for an initial (compensable) rating for left lumbar radiculopathy has been remanded due to scheduling of a Travel Board hearing.

The Veteran's stomach disorder, including GERD and IBS, is not service-connected.,Prior to April 6, 2010, the Veteran's degenerative joint disease of the lumbar spine was rated at 10 percent. From April 6, 2010 to July 16, 2013, it was rated at 20 percent. Since then, it has not been manifested by unfavorable ankylosis.,The Veteran's depression is currently rated as 70 percent from May 24, 2012 and thereafter.,Neurological impairment of the left lower extremity resulted in mild sciatic nerve neuropathy since July 16, 2013. Neurological impairment of the right lower extremity also resulted in mild sciatic nerve neuropathy since that date.,The Veteran was granted TDIU effective May 24, 2012.

The Veteran's service-connected disabilities, including hearing loss, tinnitus, thoracolumbar spine condition with bilateral radiculopathy, and left thumb scar with peripheral nerve condition, do not render him unable to obtain or maintain substantially gainful employment.

The Board has determined that the Veteran's radiculopathy in both lower extremities warrants a 20 percent evaluation, reflecting moderate incomplete paralysis of the sciatic nerve.

The Veteran's initial ratings for headaches, thoracolumbar spine disability, left lower extremity radiculopathy, and right lower extremity neuropathy have been denied as his conditions do not meet the criteria for higher ratings under applicable rating criteria.

The Board denied a separate compensable rating for radiculopathy of the left leg due to service-connected degenerative disc disease with facet joint arthritis and spondylosis of the lumber spine with IVDS.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is secondary to his service-connected conditions, including major depression, failed neck syndrome with degenerative joint disease and right C-5 radiculopathy, acromioclavicular sprain of the right shoulder with Mumford procedures, right knee chondromalacia and left knee chondromalacia.

The Board has remanded the case for additional development, including obtaining medical records and corroborating service dates. The Veteran's claims are now on a secondary service connection theory.

The Board denied the Veteran's claims for increased ratings and earlier effective dates, as well as his claim for a TDIU prior to May 19, 2011.

The Veteran's claims are being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his thoracolumbar spine disability, and issuing a Statement of the Case regarding the earlier effective date claim.

The Veteran's appeal regarding service connection for sciatica of the lower extremities was withdrawn. The Board denied an increased rating for chronic lumbar sprain, finding that it did not meet the criteria for a higher than 10 percent disability rating.

The Board has determined that the Veteran's low back disability, including degenerative joint disease, degenerative disk disease, and radiculopathy, is related to service. The claim for service connection is granted.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine the nature and etiology of the Veteran's claimed conditions.

The Veteran seeks service connection for lumbosacral spine degenerative disc disease and degenerative joint disease with radiculopathy. The Board has determined that a remand is necessary to obtain an addendum opinion from the VA examiner regarding the etiology of the Veteran's current chronic lower back pain.

The Veteran's degenerative disc disease and arthritis of the thoracolumbar spine, as well as his right lower extremity radiculopathy, are found to be related to service. Service connection is granted for these conditions.

The Board has determined that the Veteran's low back condition and right leg sciatica or numbness are related to his service-connected knee conditions, specifically his total right knee arthroplasty. As such, these claims have been granted.

The Veteran's appeal is being remanded for additional development, including the issuance of a Statement of the Case (SOC) and consideration of all evidence received after the August 2011 SOC.

The Veteran's thoracolumbar spine disorder, including arthritis and associated radiculopathy, is as likely as not related to an injury during service.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and notifying the Veteran of his right to obtain new representation.