Radiculopathy & sciatica decisions — 2014

The Veteran's appeal involves multiple issues including service connection for a left hip disorder, rating of lumbar spine degenerative disc disease and chronic L5 radiculopathy, and effective date determination. The case is being remanded to obtain additional medical opinions and consider the appropriate rating criteria.

The Veteran's radiculopathy of both upper extremities is not caused or aggravated by his service-connected low back sprain.,The VA examiner concluded that the claimed left lower extremity radiculopathy is less likely than not secondary to the service-connected low back sprain.

The Board has granted service connection for a cervical spine disability due to aggravation during active duty. The Veteran's tinnitus claim is denied as she did not file an informal claim prior to January 9, 2009.

The Veteran's service-connected cervical spine disability and left upper extremity radiculopathy are not rated higher than the current 20 percent and 10 percent ratings, respectively.

The Veteran's claim for service connection for a chest disability and sciatic nerve damage was denied as there is no current evidence of these conditions.

The Veteran's back disability, characterized by incapacitating episodes with a total duration of at least 6 weeks during the past 12 months, warrants a 60 percent disability rating since October 13, 2011.

The Veteran's service-connected disabilities preclude him from obtaining or maintaining substantially gainful employment, and the Board finds that his TDIU claim should be granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability determination records. The AOJ will review the claims and conduct any necessary examinations before readjudicating them.

The Veteran's low back disability with neurological manifestations (left lower extremity radiculopathy) is rated at 10 percent, and separate ratings for other neurological manifestations are not warranted.

The Veteran's claim for a TDIU is being remanded due to the need for further development, including an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran withdrew his appeal for the issues of entitlement to a compensable evaluation for chondromalacia of the left knee, a compensable evaluation for old trauma distal of the left clavicle of the left shoulder, a compensable evaluation for C6-7 radiculopathy on the left, a compensable evaluation for C6/7 radiculopathy on the right, a compensable evaluation for osteoarthritic changes of lumbosacral spine, and a compensable evaluation for pes planus deformity and posterior calcaneal spur.

The Veteran's claim for an earlier effective date for additional dependency allowance for his spouse was denied as the evidence of record did not show that he had submitted a completed VA Form 21-686(c) within one year of notification, which is required to establish eligibility for such benefits.

The Veteran's cervical spine disability and associated radiculopathy of the upper extremities were granted initial ratings, with the right and left arm disabilities each receiving a separate 20 percent rating effective February 13, 2004.

The Veteran's lumbosacral myositis and associated radiculopathy are rated at the maximum allowable under VA guidelines, with no additional ratings for separate disabilities or incapacitating episodes.

The Veteran's cervical spine disability and migraine headaches claim are being remanded for additional development, including obtaining updated VA treatment records and scheduling a new examination to determine the etiology of her cervical spine disability. The issue of whether new and material evidence has been submitted to reopen her migraine headaches claim is also addressed.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, as determined by the RO. The Board has decided that a remand is necessary for further examination and consideration of his TDIU claim.

The Veteran's cervical strain and lumbosacral strain are currently rated at 10 percent, with no separate rating for left upper extremity radiculopathy. The Board has determined that the current ratings adequately reflect the severity of these conditions.

The Veteran's thoracolumbar spine degenerative arthritis is currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's left lower extremity radiculopathy secondary to thoracolumbar spine degenerative arthritis is currently rated at 10 percent.

The Veteran's radiculopathy of the right lower extremity has been rated at 20 percent, which is the highest schedular rating available for this condition. The Board finds that the current rating adequately describes his symptomatology and thus denies an increased rating.

The Board denied the Veteran's claims for increased evaluations for his low back disability, left and right lower extremity lumbar radiculopathy as there was no evidence of ankylosis or incapacitating episodes in the case of the low back disability. For the other two issues, the criteria for a higher evaluation were not met.