Radiculopathy & sciatica decisions — 2014

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine with bilateral radiculopathy is granted, effective June 16, 2009. The reduction from a 10% to zero percent rating for residuals of lipoma removal from the left posterior upper back is also granted, effective October 1, 2010. Service connection for a cervical spine disorder is denied.

The Veteran's service-connected psychiatric disorder, heart condition, left ankle disability, left lower extremity radiculopathy, and scars cause her to require aid and attendance.

The Veteran's sciatic nerve involvement, right lower extremity, is now rated at 20 percent effective December 13, 2013.

The Board has remanded the case for further development due to inadequate examination reports and other issues.

The Board granted an effective date of October 7, 2005 for the assignment of a 40 percent evaluation for degenerative disc disease of the lumbosacral spine. The claim for earlier service connection for radiculopathy of the right lower extremity was denied.

The Veteran's claims for increased ratings and service connection were denied. The case is REMANDED to obtain additional VA treatment records, issue a SOC regarding the denial of service connection for erectile dysfunction, schedule the Veteran for VA examinations, and readjudicate the claims.

The Board has granted service connection for left knee osteoarthritis, right knee arthritis, status post cervical spine fracture with left radiculopathy, and erectile dysfunction as secondary to PTSD. The Veteran's in-service parachute jumps are considered the primary cause of these conditions.

The Veteran's low back disability and right lower extremity radiculopathy have been granted increased evaluations, with the effective date being from March 22, 2013.

The Veteran's claims for service connection and increased ratings were denied. The left knee disability was rated at 10 percent, the radiculopathy of the LLE was rated at 20 percent, and TDIU claim is pending.

The Veteran's service-connected disabilities, including cervical spine strain and compression fracture of the lumbar spine, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's service-connected low back disability is not shown to have been manifested by limitation of thoracolumbar spine forward flexion to 30 degrees or less, and incapacitating episodes of disc disease and/or separately ratable neurological manifestations are not shown. Therefore, a rating in excess of 20 percent is not warranted.

The Veteran's claim for a TDIU is being remanded due to the inadequacy of an October 2010 VA examination. The case will be readjudicated after obtaining another VA examination and considering any additional evidence.

The Board finds that the Veteran does not have a low back disability with left leg radiculopathy due to service, as arthritis was first shown years after service.

The Veteran's appeal is remanded due to the need for a new VA examination of his right lower extremity radiculopathy.

The Veteran's appeal is being remanded for additional development due to the need for a new hearing before a Veterans Law Judge.

The Veteran's service-connected disabilities, including pain disorder, degenerative disc disease of the lumbar spine, and radiculopathy and neuropathy of both lower extremities, render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected residuals of a gunshot wound to the spine, including arthritis and radiculopathy, are rated at 10 percent. A separate rating of 10 percent is assigned for his right lower extremity radiculopathy.

The Veteran's claim for a higher rating of his lumbar degenerative disc and joint disease was denied. He is currently rated at 20 percent, but the Board found that he does not meet the criteria for an evaluation in excess of this rating. The claim for service connection for depression remains pending as it has been remanded to the RO. His claim for a TDIU was withdrawn by the Veteran.

The Veteran's tendonitis of the right foot and lumbar spine disability have not been shown to be related to service or a service-connected condition. The case is being remanded for further development.

The Board has denied the Veteran's claims for service connection for a wrist disorder and initial ratings for radiculopathy of the left and right lower extremities. The evidence does not support granting these claims.