Radiculopathy & sciatica decisions — 2014

The Board has remanded the case for additional development, including obtaining all VA records and possibly scheduling a new examination. The Veteran's claim of service connection for a lumbar spine and sciatic nerve disability is pending.

The Veteran's appeal is remanded for further development, including obtaining additional medical records and scheduling examinations to assess the severity of his service-connected left knee disability and right upper extremity radiculopathy.

The Veteran's degenerative disc disease of the lumbar spine is now rated at 60 percent, effective January 3, 2014. The other conditions remain at their current ratings.

The Board has remanded the case due to allegations of increased severity of the Veteran's left shoulder disability since her last VA examination. The claim is being returned for a new examination to determine the current severity of the disability.

The Veteran's acquired psychiatric disorder is related to his service-connected lumbar spine and bilateral lower extremities. His radiculopathy of the left lower extremity, sciatic nerve, associated with service-connected lumbar disc and degenerative joint disease, meets criteria for a 10 percent rating. The Veteran's radiculopathy of the right lower extremity, sciatic and cutaneous nerves, does not meet criteria for any higher rating.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the thoracic and lumbar spine, as well as radiculopathy of both lower extremities, were denied. The Veteran was assigned a maximum schedular rating (40%) for his back disability.

The Veteran's claim for an increased disability rating for her cervical spine disability is being remanded due to the need for a new VA examination and additional treatment records.

The Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling examinations to assess the severity of her service-connected conditions.

The Veteran's claims for increased ratings for his intervertebral and DDD of the lumbar spine prior to July 15, 2011, as well as his initial rating claims for radiculopathy of the right lower extremity since that date, were denied by the RO. The Veteran is currently in receipt of a 40 percent evaluation for intervertebral and DDD of the lumbar spine effective July 15, 2011.

The Veteran's appeal is being remanded for additional development to determine the current severity of his lumbar spine disorder and whether he is unemployable due to service-connected disabilities.

The Veteran's claims for increased disability rating and service connection are being remanded due to the need for additional medical examinations, as well as the submission of new evidence regarding his lumbar spine disability.

The Board has remanded the case for readjudication of the claims, including consideration of clear and unmistakable error in specific prior rating actions. The Veteran is scheduled for a Travel Board hearing.

The Veteran's radiculopathy of the left lower extremity is manifested by moderate incomplete paralysis of the sciatic nerve and has been granted a 20 percent disability rating.

The Board has determined that the reduction in the evaluation of the Veteran's lumbar spine disability from 40 percent to 20 percent, effective September 1, 2010, was not supported by the evidence at the time and restored the original 40 percent rating.

The Veteran's peripheral neuropathy of the bilateral lower extremities is found to be proximately due to or the result of his service-connected diabetes mellitus. The lumbar spine disability and radiculitis/radiculopathy are not currently service connected, but may be secondary to the service-connected diabetes.

The Board has granted an earlier effective date of December 1, 2005 for the grant of service connection for right lower extremity radiculopathy. The Veteran's claims for initial compensable rating for residuals of a nasal septorhinoplasty and initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine are remanded for further development.

The Veteran's appeal is being remanded for further development, including the provision of a retrospective medical opinion regarding his ability to work during the period from September 18, 2006 to March 23, 2010.

The Board finds that the Veteran requires regular aid and attendance of another person due to his service-connected disabilities, but also notes that he has a non-service-connected disability (depression) which may be contributing to his need for assistance. The decision is mixed as it grants special monthly compensation based on aid and attendance but does not grant housebound status.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and arranging for VA examinations to address the nature and etiology of her TMJ syndrome, major depression, lumbar disc disease, and arachnoiditis.