Radiculopathy & sciatica decisions — 2015

The Board has remanded the case due to the need for additional development, including a VA examination and review of treatment records.

The Veteran's radiculopathy of the right lower extremity is currently rated at 20 percent, but his symptoms are more severe and warrant a higher rating.,The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent, but his symptoms are more severe and warrant a higher rating.

The Board has remanded the case for additional development, including verifying the appellant's National Guard service and obtaining relevant records from NPRC. The AOJ should also attempt to obtain any worker's compensation claim information and employment status details.

The Veteran's claims for increased ratings for his lumbar strain with thoracic spine degeneration and sciatica associated with the condition were denied. The Board found that the evidence did not support a rating in excess of 20 percent for these conditions between March 14, 2011 and August 11, 2014.

The Veteran's cervical spine disability, diagnosed as cervical degenerative disc disease with left upper extremity radiculopathy, is related to his service and the Board has granted service connection for this condition.

The Veteran's degenerative arthritis of the lumbar spine and associated radiculopathy issues have been granted, with a rating of 40 percent effective November 25, 2014. The right lower extremity radiculopathy is rated at 20 percent since that date.

The Veteran's thoracolumbar and cervical spine disabilities have been rated at the maximum available benefit, with a 40 percent rating for thoracolumbar spine degenerative disc disease with intervertebral disc disease and a 30 percent rating for cervical spine degenerative disc disease with intervertebral disc disease.,The Veteran's right lower extremity radiculopathy has been rated at the maximum available benefit, with a 20 percent rating. The left lower extremity radiculopathy has also been rated at the maximum available benefit, with a 20 percent rating.

The Veteran's status-post thoracolumbar strain is rated at 20 percent, effective January 25, 2013. His right and left lower extremity radiculopathy are each rated at 40 percent, also effective January 25, 2013. Hypertension remains rated as noncompensably disabling prior to January 25, 2013 and 10 percent thereafter.

The Veteran's spondylosis and lumbar strain with sciatica are currently rated at 20 percent, but the Board finds that a higher evaluation is warranted based on additional functional loss due to pain. Separate ratings of 10 percent each are assigned for neurological impairment of the right and left lower extremities.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and any SSA disability benefits information. The AOJ should also request updated VA treatment records.

The Veteran's migraine headaches have been rated as noncompensable since June 4, 2010. Effective November 1, 2011, the Veteran is now rated at 50 percent for his migraine headaches.,From November 1, 2011, the Veteran's service-connected conditions have resulted in a combined disability rating of 70 percent or more, qualifying him for consideration of TDIU.

The Veteran's sciatica of the left leg is granted service connection as it was caused or aggravated by his service-connected low back disability. The appeal for a higher rating for epicondylitis of the right elbow and depressive disorder has been withdrawn.

The Veteran's claim for service connection for the residuals of right sciatic schwannoma, status post resection was denied as there is no evidence that his condition was caused or aggravated by military service. The claim for nonservice-connected pension benefits was also denied due to the Veteran's current disabilities not precluding all forms of substantially gainful employment.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for TDIU, including obtaining VA treatment records and conducting a new examination.

The Veteran's claims for increased ratings for migraine headaches and cervical spine degenerative disc disease with right-sided radiculopathy were denied as the evidence did not show symptoms warranting higher disability ratings.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability, myofascial pain syndrome, neurological disabilities of the right and left lower extremities, and depression. The Veteran's right ear hearing loss claim is remanded for additional development.

The Veteran's back disability has not been manifested by ankylosis or moderately severe incomplete paralysis of the sciatic nerve, and incapacitating episodes of intervertebral disc syndrome are not shown. Therefore, a rating in excess of 40 percent is not warranted.

The Veteran's service-connected disabilities, including her psychiatric disorder and spondylolisthesis at L5-S1, prevent her from securing and maintaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining his vocational rehabilitation records and scheduling a VA social and industrial survey. The case will be reviewed by the AOJ after these actions are completed.