Radiculopathy & sciatica decisions — 2015

The Veteran's thoracic spine osteoarthritis with chronic compression at T8 and T9 is currently rated as 10 percent disabling. The VA examiner found that the Veteran has forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees, resulting in a combined range of motion greater than 120 degrees. There was no evidence of muscle spasm or guarding severe enough to result in abnormal gait or spinal contour.

The Veteran's claim for a higher initial rating for his service-connected degenerative changes of the lumbar spine was granted, with an effective date of November 28, 2012. The current disability rating is 40 percent.

The Veteran's appeal is being remanded for additional development, including obtaining VA examination results and Social Security Administration records. The issues of increased evaluation for spondylolisthesis with a lumbosacral strain and disc abnormalities and entitlement to a total disability rating based on individual unemployability are also included in the appeal.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before the Board. The case will be returned for further action.

The Board denied the Veteran's claim for an effective date earlier than November 9, 2010 for a 10 percent disability rating for sciatic nerve impairment affecting his right lower extremity. The decision found that the MRI study received by VA on November 9, 2010 was not received until then and thus did not constitute an informal claim filed earlier.

The Veteran's degenerative disc disease of the lumbar spine with bilateral radiculopathy was not aggravated beyond its natural progression by service.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the earliest available opportunity. The RO will notify the Veteran of the date and time of the hearing, in accordance with 38 C.F.R. § 20.704(b).

The Veteran's claims for increased ratings for lumbar spondylosis, spondylolisthesis, and degenerative joint disease from February 23, 2009 to March 1, 2012, and left S1 sensory radiculopathy since February 23, 2009 were denied. The Veteran's lumbar spine disability was rated at 40 percent for the period of February 23, 2009 to March 1, 2012, and a higher rating is not warranted under Diagnostic Code 5242 or Diagnostic Code 5243. For left S1 sensory radiculopathy, a 40 percent evaluation was granted effective March 2, 2012.

The Veteran's claim for service connection for a left shoulder disability was denied as the evidence does not show that his current condition is related to military service or a service-connected disability.,Claims for increased ratings and effective dates were also denied due to lack of factual ascertainability within one year of the September 29, 2004 claim.

The Veteran's claims for higher initial ratings for lumbosacral spine disability and right lower extremity radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess the severity of his service-connected thoracic spine disability and associated radiculopathy.

The Board has reopened the claim for service connection for fatigue and granted service connection for schizophrenia, but denied all other issues on appeal.

The Veteran's TDIU claim is being remanded for further development, including scheduling a VA examination to determine if his service-connected disabilities preclude obtaining and maintaining substantially gainful employment.

The Board has determined that additional development is necessary in order to properly adjudicate the Veteran's claims, including obtaining updated treatment records and arranging for VA examinations.

The Board has determined that the Veteran's cervical spine, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome with radiculopathy and left arm numbness, and left shoulder disability are not related to service.

The Board found that the Veteran's current left knee and low back disabilities are not related to his active service, with no aggravation of a pre-existing condition during service.

The Veteran's service-connected disabilities, including Meniere's disease, coronary artery disease, lumbar strain, duodenal ulcer, chronic rhinitis, hemorrhoids, radiculopathy of the right leg, and residual scarring, render him unable to follow a substantially gainful occupation.

The Veteran was granted a separate compensable disability rating of 10 percent for left lower extremity sciatica, which manifested as mild incomplete partial paralysis. The effective date is not specified.

The Board found that the Veteran's back disorder is not proximately due to or aggravated by his service-connected bilateral knee disabilities, and therefore denied his claim for secondary service connection.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to address the Veteran's claims of service connection for various conditions.