Radiculopathy & sciatica decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA Peripheral Nerves examination.

The Veteran's claim for service connection on a secondary basis to his service-connected left leg radiculopathy with foot drop is being remanded due to inadequate VA examination and the need for an additional opinion.

The Veteran's intervertebral disc syndrome, L5-S1, was granted an initial rating of 60 percent from February 16, 1995 to July 20, 2004. Beginning July 21, 2004, the Veteran is entitled to a separate 20 percent rating for right lower extremity radiculopathy associated with intervertebral disc syndrome and an initial rating of 20 percent for peripheral neuropathy of the left lower extremity.

The Veteran's claim for service connection for right chronic Achilles tendonitis, cervical spine disability, acquired psychiatric disabilities (including PTSD, bipolar disorder, and depression), migraine headaches, radiculopathy, and thoracic outlet syndrome was granted with an effective date of September 28, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA spine examination to assess the severity of his low back disability and left lower extremity radiculopathy.

The Veteran's appeal is remanded to the Agency of Original Jurisdiction (AOJ) for further development, including obtaining VA and private treatment records, annual leave reports from his employer, and a new VA examination. The claims will be reviewed after this additional development.

The Veteran's appeal is being remanded to obtain his old claims file, locate any relevant VA treatment records, and schedule a VA audiological examination. The issues of service connection for lumbar spine disorder with associated bilateral lower extremity radiculopathy, left hip disorder, and stomach/gastrointestinal disorder are being addressed on remand.

The Board finds that the Veteran's neuropathy/radiculopathy of the lower extremities is not causally or etiologically due to service and is not proximately due to or aggravated by a service-connected disability, including his lumbar strain.

The Board has granted service connection for sleep apnea, finding that the Veteran's current symptoms are related to his in-service snoring and turbinate swelling. The other issues on appeal have been remanded for additional development.

The Veteran's right lower extremity radiculopathy with sciatic nerve involvement was granted a 20 percent disability rating effective March 1, 2011. The appeal is resolved in the Veteran's favor.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of her lumbar spine disability and provide etiology opinions regarding both direct and secondary service connection for her cervical spine disability.

The Veteran's appeal is being remanded due to procedural issues, including a potential error in the duties of the Veterans Law Judge who conducted his September 2010 hearing. The case will be returned for further action.

The Veteran's COPD, previously characterized as bronchitis, is rated at 10 percent prior to June 6, 2012 and increased to 30 percent thereafter. The sinusitis with allergic rhinitis is rated at 10 percent. The radiculopathy of the right lower extremity due to degenerative joint disease (DJD) of the lumbar spine is rated at 10 percent prior to June 6, 2012 and increased to 20 percent thereafter.

The Board has remanded the claims for increased ratings for right and left upper extremity radiculopathies, as well as the claim for service connection for a bilateral hearing loss disability. The case is to be returned to the Board for further appellate consideration if otherwise in order.

The Board has reopened the Veteran's claim of service connection for lumbar spine arthritis and granted it on the merits.,The Board has also granted service connection for left and right lower extremity radiculopathy as secondary to service-connected lumbar spine arthritis.

The Veteran's appeal is being remanded to the AOJ for further development and consideration of his claim for a total disability rating based on individual unemployability due to service-connected disabilities, including his depressive disorder, intervertebral disc syndrome, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board has remanded the issues of service connection for a lumbar spine disability, bilateral knee disabilities, and sciatica (claimed as right hip disability) due to pending claims and potential additional evidence.

The Board has reopened the claims for service connection for a low back disorder and an acquired psychiatric disorder, to include bipolar disorder and PTSD. The Veteran's current conditions are not related to his military service.

The Veteran's lumbar spine disability with radiculopathy has not met the criteria for a rating in excess of 10 percent prior to November 9, 2007, and from January 1, 2008, to July 28, 2008. From July 29, 2008, to March 14, 2010, the disability has not met the criteria for a rating in excess of 20 percent. Since November 1, 2012, the disability has not met the criteria for a rating in excess of 40 percent.

The Veteran's back disability was granted a 10 percent rating, and his right lower extremity radiculopathy received a separate 20 percent rating. The current effective date is October 23, 2012.