Radiculopathy & sciatica decisions — 2016

The Board has ordered a remand to obtain additional medical evidence and possibly a new examination, as the current records may not provide sufficient information for a clear determination of service connection.

The Veteran's claims for increased ratings for his lumbar strain and left lower extremity radiculopathy have been denied. The Board finds that the evidence does not support a higher rating for either condition.

The Board has determined that the Veteran's low back and associated radiculopathy disabilities are not related to service, including his military activities.,Similarly, the right shoulder disability is also not found to be related to service.

The Veteran's radiculopathy of the right and left upper extremities have not met the criteria for a rating in excess of 40 percent or 30 percent, respectively. The Board has determined that the current ratings are appropriate based on the evidence of record.

The Board has remanded the case for further development, including obtaining additional medical records and a new VA examination to reassess the Veteran's service-connected low back disability. The effective date claims are also being remanded.

The Board has remanded the case for a supplemental opinion addressing the Veteran's service-connected right knee and lumbar spine disabilities, in addition to his service-connected radiculopathy of the right lower extremity.

The Veteran is unable to secure or follow substantially gainful employment due to her combined service-connected disabilities, which include migraines, radiculopathies of the upper and lower extremities, thoracolumbar levoscoliosis and herniated nucleus pulposus, hypertension, coccyx neuropathy, and a scar. The Board finds that she meets the criteria for a TDIU based on her combined service-connected disabilities.

The Veteran's combined rating for his service-connected disabilities is 50%, which does not meet the schedular criteria for a TDIU. However, he may be unemployable due to nonservice-connected conditions (tremors, anxiety, psychotic disorder, major depressive disorder, cardiac conditions). The Board finds that this unemployability is not related to his service-connected disabilities and thus denies the claim.

The Veteran's back disability was rated at 20 percent between November 18, 2005 and November 13, 2008. The Board found that the Veteran had severe functional loss due to pain and limited motion, warranting a higher rating of 40 percent.

The Veteran's claims for earlier effective dates for service connection of restrictive lung disease, spondylosis of L5-S1, radiculopathy, and gastroesophageal reflux disease (GERD) are denied as the earliest date entitlement arose is July 15, 2011.

The Veteran's service-connected disabilities did not effectively preclude her from securing and following a substantially gainful occupation.

The Veteran's service-connected disabilities do not render him unable to obtain and secure substantial gainful employment, thus his claim for TDIU is denied.

The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, and his lumbar spine disability is rated at 40 percent. The sinusitis rating remains unchanged, while the chondromalacia rating has been increased to 20 percent.

The Veteran's left arm radiculopathy is rated at 30 percent since December 14, 2011. The Board also granted TDIU prior to August 20, 2008.

The Board is remanding the case for a new VA examination or medical opinion to address whether the Veteran's low back disability and associated radiculopathy are related to service, specifically his in-service injury. The AOJ should attempt to obtain private treatment records from the Veteran.

The Board has determined that the Veteran's low back disability and bilateral lower extremity neurological disability are service connected, with the latter being secondary to his now service-connected lumbar spine DJD.

The Veteran's right knee disability was reduced from a 30 percent rating to a 10 percent rating without considering the provisions of 38 C.F.R. § 3.344, which governs reductions in ratings that have been in place for more than five years. The Board has restored the 30 percent rating effective June 1, 2011.

The Veteran's claims for increased ratings prior to October 6, 2014 were granted and he is now rated at 100% for bilateral upper extremity radiculopathy and left trapezius strain effective October 6, 2014.

The Veteran's right shoulder disorder is found to be service-connected. The Board also finds that the Veteran has a lumbar spine disorder and right and left leg disorders which are related to his service-connected post-operative residuals of a fracture of the right pelvis and right femur.

The Veteran's service-connected left lower extremity radiculopathy and IVDS of the lumbar spine are rated at 20 percent and 40 percent, respectively. The Board has determined that an extra-schedular rating is not warranted for either condition.