Radiculopathy & sciatica decisions — 2015

The Veteran's appeal involves multiple issues related to his service-connected lumbar spine disability and associated radiculopathy of the lower extremities. The Board has remanded these matters for additional development, including obtaining updated VA treatment records and issuing a supplemental statement of the case.

The Board granted service connection and increased ratings for the veteran's lumbosacral strain, degenerative disc disease of L4-S1 with radiculopathy, and residuals of a fractured left fibula. The hearing loss disability was not rated as compensable under either pre-amendment or post-amendment regulations.

The Board found that the Veteran's current lumbar spine disability is not related to his military service and denied his claim for service connection.

The Veteran's low back strain with sciatica is currently evaluated at 20 percent, and the Board found that this evaluation adequately reflects her current disability level.

The Veteran's claims for higher initial evaluations for his service-connected radiculopathy of the lower extremities were denied. The claim for service connection for a psychiatric disorder, to include depression, secondary to his service-connected low back disability was granted. He is now eligible for TDIU.

The Veteran's low back disability and lumbar radiculopathy are being remanded for further examination to determine if they are related to his service-connected left knee disability.

The Board denied all claims, finding that the evidence did not support an evaluation in excess of 10 percent for GERD with esophageal ulcerations or a rating in excess of 20 percent for left lower extremity radiculopathy from September 18, 2014. The Veteran's right leg fractures at the knee cap and ankle, bilateral hip disability, and neck disability were not found to be related to service.

The Veteran's appeal is being remanded to obtain additional medical opinions and examinations regarding his service-connected disabilities, including DJD of the thoracolumbar spine, DJD of the left ankle, chondromalacia patella of the left knee, chondromalacia patella of the right knee with degenerative changes, and radiculopathy of the left lower extremity.

The Veteran's appeal for service connection for recurrent pleurisy, to include scar on lung as a qualifying chronic disability under 38 C.F.R. § 3.317 has been withdrawn.

The Board finds that the Veteran has radiculopathy of the left lower extremity due to her service-connected lumbar spine disorder, and grants service connection for this disability.

The Veteran's initial ratings for his back disability and radiculopathy of the left lower extremity have been granted, with a 40 percent rating assigned for the back disability effective February 23, 2011, and a 20 percent rating assigned for the radiculopathy of the left lower extremity effective February 23, 2011. The Veteran's initial ratings have not changed since the grant of service connection.

The Board has granted the Veteran's claims for increased ratings for radiculopathy of the bilateral lower extremities, but denied his other service connection and rating claims.

The Veteran's appeal has been dismissed due to his death.

The Board has determined that the Veteran's cervical spine disorder, headaches, left shoulder disorder, left arm disorder, and chest pain are all related to his military service. Service connection is granted for these conditions.

The Veteran's PTSD, along with associated alcohol dependence and other service-connected conditions, most nearly approximates the criteria for a 70 percent rating beginning April 13, 2012. The Board granted service connection for neurological disabilities of the upper and lower extremities as secondary to his PTSD and associated alcohol dependence. Service connection was also granted for radiculopathy of the right leg and bilateral CTS, both found to be related to his PTSD and alcohol dependence.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and a current VA knee examination. The Veteran's attorney also filed notices of disagreement regarding service connection for right lower extremity radiculopathy and an effective date prior to June 14, 2005.

The Board has determined that additional development is needed before the claims can be decided, including obtaining VA and non-VA treatment records and providing an addendum opinion regarding the etiology of the low back disability and sciatica in the left and right legs.

The Board has remanded the case due to insufficient examination and inaccurate history in a previous VA examination. The Veteran's claim for service connection for his back disability is being returned to the AOJ for further development.

The Veteran's service-connected disabilities, including his left leg disability and sciatica, prevent him from securing and following substantially gainful employment. The Board finds that a TDIU rating is warranted.

The Veteran's right upper extremity cervical radiculopathy has been productive of mild incomplete paralysis, and the criteria for an initial disability rating higher than 10 percent have not been met.