Radiculopathy & sciatica decisions — 2015

The Veteran's appeal is remanded for a videoconference hearing before a Veterans Law Judge at the RO in Boston. The issues of entitlement to increased evaluations for sciatic neuropathy and radiculopathy are pending.

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of his claims for service connection and increased ratings.

The Veteran's cervical spondylosis and related radiculopathy have been granted service connection, with a rating of 40 percent since April 23, 2008.

The Veteran's appeals for increased disability ratings and aid and attendance allowance have been dismissed due to her withdrawal of the appeal.

The Veteran's acquired psychiatric disorder is rated at the highest possible evaluation of 70 percent, effective from November 22, 2013. The left leg disability and back disability are both evaluated based on their respective service-connected conditions.

The Board has decided to remand the case for additional development of evidence, including obtaining records from a hospitalization in 1995 and any relevant VA treatment records. The Veteran's low back disability will be examined by an orthopedic surgeon to determine if it was present during service or is related to his current condition.

An initial rating in excess of 20 percent for degenerative disc disease of the lumbar spine is not warranted.,For radiculopathy of the right lower extremity and left lower extremity, an initial rating in excess of 10 percent is not warranted.

The Veteran's bilateral lumbar radiculopathy is found to be related to his service-connected lumbar strain with degenerative disc disease L1-L2, and thus service connection for this condition is granted.

The Veteran's claims for increased ratings have been granted, with the exception of his claim for a TDIU rating. The Veteran is now receiving the maximum schedular evaluations for all service-connected disabilities.

The Veteran's lumbar spine disability and associated left radiculopathy are currently rated at 10 percent, which is the maximum schedular rating available for these conditions.

The Veteran's service-connected conditions do not meet the schedular percentage requirements for a total disability rating based on individual unemployability, and there is no evidence that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case for further development, including obtaining updated treatment records and arranging for an examination to assess the current severity of the Veteran's radiculopathy.