Radiculopathy & sciatica decisions — 2014

The Board has determined that the Veteran's preexisting low back disability permanently worsened during service, warranting service connection for degenerative disc disease of the lumbar spine.

The Veteran's left lower extremity radiculopathy is proximately due to, or caused by his service-connected lumbosacral strain. The Board finds that the Veteran's cervical spine disability may be related to his service-connected lumbosacral strain.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 40 percent, but his left lower extremity radiculopathy with sciatic nerve disability warrants a separate 20 percent evaluation.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge.

The Board denied all the issues on appeal, including entitlement to increased ratings for various service-connected disabilities and an earlier effective date for service connection of a depressive disorder.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The issues of increased evaluations for his lumbar spine condition, left leg nerve disability, and PTSD are also being addressed.

The Veteran's lumbar spine disability is rated at 20 percent under Diagnostic Code 5237, reflecting significant forward flexion but limited range of motion. Separate ratings for neurological impairment of the right and left lower extremities are granted.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's service-connected disabilities, including his right foot and ankle condition, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU rating are met.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected cervical spine arthritis and upper extremity radiculopathy.

The Veteran's claim for service connection for bilateral foot disorders is being remanded due to the introduction of a new issue (obesity) and inextricability with the existing issues. The AOJ should adjudicate both claims before making a final determination.

The Board has determined that the Veteran's current right shoulder disability and sciatica are not related to his active service, as there is no evidence of in-service injury or disease. The Veteran's statements regarding symptoms during service have been discounted due to lack of contemporaneous medical records.

The Veteran's initial ratings for his service-connected lumbar spine disability and radiculopathy in both lower extremities have been denied. The effective dates for the awards of service connection are set at October 21, 2010.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for a video conference hearing at the St. Petersburg RO.

The Veteran's radiculopathy of the bilateral lower extremities is granted service connection, and his lumbar disc disease is rated at 20 percent.

The Veteran's claims for service connection are being remanded due to incomplete records and need for further medical examination.

The Veteran is granted service connection for tinnitus and hypersensitivity to sound and light as residuals of traumatic brain injury, lumbar radiculopathy (claimed as bilateral leg disorder), but not for MRSA infection on the spine or residuals of frostbite.

The Veteran's service-connected Klippel-Feil syndrome with post-operative fusion, C3 through C7 has been found to have caused his bilateral upper extremity radiculopathy, including Parkinson's disease-like symptoms with right side tremors.,The Veteran's service-connected cervical spine disability is also found to have caused his current degenerative disc disease of the lumbar spine with herniated nucleus pulposus, posterior and anterior lumbar interbody fusion, plating at L3-L5 and spinal stenosis with associated right lower extremity radiculopathy.

The Veteran's appeal includes claims for higher ratings for his low back disability and associated radiculopathies. The case has been remanded due to the need for additional development, including obtaining VA outpatient records since April 2013.

The Veteran is found to be unemployable due to service-connected disabilities for the period from July 15, 2008 to December 17, 2008.