Radiculopathy & sciatica decisions — 2014

The Board has determined that the March 2008 rating decision denying service connection for low back pain and L5/S1 right radiculopathy (claimed as right leg numbness due to back), as secondary to low back pain, is final. New evidence submitted since then does not raise a reasonable possibility of substantiating these claims.

The Board has determined that an effective date of August 31, 2004 is granted for the Veteran's eligibility to Dependent's Educational Assistance (DEA) under Chapter 35 of Title 38, United States Code.

The Veteran's service-connected chronic low back strain is currently rated at 20 percent, effective March 24, 2012. The Board denied the claims for higher ratings as his disability did not meet the criteria for a rating in excess of 10 percent prior to that date and did not warrant a separate rating for radiculopathy.

The Veteran's low back disability and associated radiculopathy were evaluated, but the ratings for both conditions did not meet the criteria for higher evaluations.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations. The Veteran's claims will be reconsidered based on all evidence of record.

The Board has restored the Veteran's 20 percent rating for lumbar strain from May 1, 2009 to May 29, 2014. The Veteran's current range of motion is sufficient to meet the criteria for a 20 percent rating.

The Veteran's service-connected disabilities meet the schedular percentage requirements for TDIU, and the Board finds that he is unable to secure or maintain any substantially gainful employment due to his service-connected disabilities.

The Board found no evidence to support service connection for a back disability, lower extremity radiculopathy, or neuropathy of the right lower extremity. The Veteran's claims were denied.

The Veteran's service-connected lumbar spine disability is rated at 40% since November 15, 2012. The Board has jurisdiction to determine whether entitlement to a TDIU on an extraschedular basis is warranted due to the Veteran's service-connected lumbar spine disability.

The Veteran's lumbar spine disability was rated as 10 percent prior to November 9, 2012 and increased to 20 percent beginning on that date.,The Veteran's radiculopathy of the left lower extremity was rated as 10 percent throughout the appeal period.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications following a back surgery in April 2003 at the VA Medical Center in Wichita, Kansas. The appeal includes issues related to L5-S1 disc herniation and sciatica of the left lower extremity. The case is being remanded due to potential lack of informed consent during the procedure.

The Board found that the Veteran's current back disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred therein.

Service connection has been granted for an acquired psychiatric disorder related to service-connected lumbar spine disability.,No new evidence was provided for the increased rating of pseudofolliculitis, so the current rating remains in effect.,The Veteran's lumbar spine disability is now rated at 40%, effective January 3, 2012.,Right and left lower extremity radiculopathy have been granted increased ratings to 20% each.,No new evidence was provided for the TDIU claim, so it remains pending.,The effective date for the 40 percent rating of lumbar spine disability is January 3, 2012.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining outstanding VA treatment records and scheduling him for examinations to assess the severity of his service-connected disabilities.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims, including service connection for myositis of the right pectoralis major, shin splints, and gastroenteritis.

The Veteran's appeal is being remanded for a new VA examination to assess the impact of his service-connected disabilities on his ability to work, and for updated treatment records.

The Veteran's cervical strain with radiculopathy is currently rated at 30 percent, and the evidence does not support a higher rating as there are no findings of unfavorable ankylosis or incapacitating episodes.

The Veteran's left upper extremity radiculopathy is rated at 20 percent for the period from December 9, 2009 to November 22, 2011.

The Veteran's service-connected disabilities did not render him unemployable prior to April 5, 2009. The Board denied an effective date prior to that date for the grant of a TDIU.

The Veteran's lumbar radiculopathy of the left lower extremity is currently rated at 20 percent, which corresponds to moderate incomplete paralysis of the sciatic nerve. The Board finds that this rating adequately reflects the severity and nature of his disability.