Radiculopathy & sciatica decisions — 2015

The Veteran's headaches have been rated at 30 percent since April 2006, and the Board found that they do not meet or approximate criteria for a higher rating.

The Veteran's service-connected back disability and associated radiculopathy have been granted effective July 1, 2012.

The Veteran's appeal for increased ratings and service connection has been denied. The current evaluation of his cervical spine disability is 20 percent, which is the maximum schedular rating available.

The Veteran's cervical spine disability was granted a 20 percent rating, effective July 1983. The RO confirmed and continued this evaluation in October 2002. A September 2006 VA examination showed forward flexion of the cervical spine limited to 20 degrees with pain.

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran withdrew his appeal of these issues prior to a decision being made by the Board.

The Veteran's left lower extremity radiculopathy has been granted a 20 percent rating, effective from December 2009. Service connection for erectile dysfunction as secondary to service-connected low back disability is also granted.

The Board found that the Veteran's left lower extremity radiculopathy was not caused by a delay in VA medical treatment, and denied his claims for service connection of residuals of injury to the back and wrists.

The Board denied the Veteran's claims for increased ratings for her lumbar spine disability, right lower extremity radiculopathy, and left knee patellofemoral syndrome. The TDIU claim was also denied as it pertained to a period prior to September 15, 2014.

The Veteran's cervical spine and lumbar spine disabilities have not resulted in any incapacitating episodes, so they are evaluated under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as her range of motion has been stable throughout the appeal period.,For left lower extremity radiculopathy, the Veteran is already service-connected and no separate ratings are warranted due to lack of associated neurologic abnormalities in other extremities.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claims for increased ratings and initial evaluations in excess of 10 percent for service-connected lumbar spondylosis with spinal stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded due to the need to obtain additional evidence from the Social Security Administration.

The Veteran's claims for higher initial ratings for chronic sinusitis and left L5-S1 radiculopathy were granted. Service connection was denied for a cervical spine disability, left thoracic outlet syndrome, right thoracic outlet syndrome, left carpal tunnel syndrome, right carpal tunnel syndrome, and fibromyalgia.

The Board has determined that the Veteran does not have a cervical spine disability caused or aggravated by his service-connected lumbar spine disability.

The Board has remanded the appellant's claims for TDIU and special monthly compensation due to additional evidence being needed, including VA clinical records and a social and industrial survey. The issues are inextricably intertwined with a pending claim of service connection for depression.

The Board has granted service connection for a low back disability with bilateral radiculopathy, finding that the Veteran's symptoms had their onset in service. The heart disorder and neck disability claims are remanded as additional medical opinions are needed to determine their relationship to service. Right and left foot disabilities are also remanded.

The Veteran's lumbosacral strain, with L2 deformity, was found to warrant a 10 percent rating based on the schedular criteria. The extraschedular consideration did not result in an increased rating.

The Veteran's left lower extremity radiculopathy has been rated at 20 percent, the highest available rating under the applicable diagnostic code. The Board finds that this is the appropriate disability rating given the severity of his symptoms and findings.

The Veteran's low back disability and associated right lower extremity radiculopathy have been granted initial ratings of 40 percent for the entire appeal period, with a temporary increase to 60 percent effective November 21, 2012.

The Veteran's claims for increased ratings for his service-connected left knee disability, peripheral neuropathy of the upper and lower extremities have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the obtaining of relevant medical records.