Radiculopathy & sciatica decisions — 2015

The Veteran's right shoulder disorder, including DJD and AVN, is not service-connected.,Prior to October 6, 2010, the Veteran's DDD of the lumbar spine was rated at 10 percent. After this date, a higher rating is denied.

The Board has granted a 20 percent rating for the Veteran's right cervical radiculopathy since July 3, 2014. The Veteran's cervical spine disability is rated as 10 percent disabling.

The Veteran's claims for increased ratings for his service-connected lumbar spine degenerative disc disease and sciatica of the right lower extremity were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point.

The Board has determined that the Veteran's radiculopathy of the right and left upper extremities warrants a separate 10 percent rating from February 1, 2005 to January 10, 2011.

The Board has determined that the Veteran's back disability is secondary to his service-connected knee disabilities and has granted service connection for this condition.

The reductions of the disability ratings for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the service-connected left knee limitation of extension, and the service-connected left lower extremity radiculopathy are void ab initio. The 20 percent rating for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the 10 percent rating for the service-connected left knee limitation of extension, and the 10 percent rating for the service-connected left lower extremity radiculopathy are restored as though the reductions had not occurred.

The Board has remanded the case for referral to the VA Under Secretary for Benefits or the Director of the Compensation and Pension Service to consider assignment of a total rating based on individual unemployability due to service-connected disability on an extraschedular basis prior to September 22, 2009.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records. The issues on appeal are related to his service-connected conditions and a new shoulder disability.

The Veteran's appeals have been withdrawn due to his satisfaction with the current evaluations for cervical spine degenerative joint disease and left upper extremity radiculopathy.

The Veteran's claim for reimbursement of private medical expenses incurred at Providence Centralia Hospital is being remanded due to the lack of relevant records. The AOJ will obtain any missing treatment records and daily notes from November 19-20, 2012.

The Veteran's service-connected disabilities, including depression and neurological disorders, render him unemployable. The Board finds that a total disability rating based on individual unemployability is warranted for the entire appeal period.

The Veteran's DDD of the cervical spine and upper extremity radiculopathy were rated based on their respective conditions, with the right and left upper extremities receiving separate ratings. The Veteran received increased ratings for his upper extremity radiculopathy from September 26, 2014.

The Veteran's cervical spine disability and LUE radiculopathy were granted initial ratings of 30 percent effective October 28, 2011.

The Veteran's appeal involves claims for increased ratings and TDIU related to his service-connected lumbosacral degenerative disease with intermittent radiculopathy and intervertebral disc syndrome (IVDS) with intermittent radiculopathy. The case is being remanded due to the need for additional development, including obtaining VA treatment records, SSA disability determination information, and any other relevant evidence.

The Board has determined that the Veteran's low back disability, including degenerative disc disease at L3-S1 with central stenosis, lumbar facet syndrome, herniated nucleus pulposus at L4-L5 and L5-S1, and left lower extremity radiculopathy, is service-connected.

The Veteran's appeals for increased ratings for left knee, right knee, and hypertension have been dismissed as he withdrew his appeals prior to the Board's decision.

The Veteran's claims are being remanded due to the need for additional development, including obtaining updated VA examinations and evidence. The issues include service connection for various disabilities and increased ratings.

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

The Veteran's claim for service connection is being remanded due to the need for additional development, including obtaining VA treatment records and arranging for a VA examination. The Under Secretary for Benefits will also be consulted regarding whether cervical radiculopathy and neuropathy of the upper extremities are related to radiation exposure or other factors.

The Veteran's degenerative disc disease of the lumbar spine and right lower extremity radiculopathy have been rated appropriately based on their severity.