Radiculopathy & sciatica decisions — 2016

The Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy provide a greater benefit than nonservice-connected pension, so the claim for NSC pension benefits is dismissed.

The Board has vacated the June 2016 decision addressing increased ratings for back injury with degenerative disc disease and left sciatic radiculopathy due to an incorrect representation. The Veteran's lumbar spine disability does not meet criteria for a higher rating as it does not approximate unfavorable ankylosis of the entire thoracolumbar spine or entire spine, nor do his left lower extremity symptoms warrant a higher rating.

The Veteran's claims for increased ratings for his service-connected lumbosacral strain with degenerative disc disease and radiculopathy of the lower left extremity were denied. The Board found that a rating in excess of 60 percent was not warranted for the lumbar spine disability, as there was no evidence of ankylosis. For the radiculopathy claim, the Veteran's current 20% rating was upheld.

The Veteran's back disability is rated at 60 percent, the maximum under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that his symptoms do not warrant a higher rating due to lack of unfavorable ankylosis or additional functional loss.

The Board has dismissed the Veteran's appeals for service connection of heart palpitations with angina and epilepsy due to his withdrawal of these claims. The Veteran is granted special monthly pension based on need for aid and attendance.

The Veteran's low back disability was rated at 10 percent from August 20, 2010 to September 5, 2011 and at 40 percent since September 6, 2011. His left lower extremity radiculopathy was rated at 20 percent since July 8, 2013.

The Veteran's service-connected herniated lumbar disc, L3, status post discectomy with scar, is rated at 20 percent since September 15, 2014. His service-connected sciatica, left lower extremity, is also rated at 10 percent. The appeal for a TDIU remains pending.

The Veteran's appeal is being remanded to obtain a new VA examination and for further development of the claims.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to his active service, granting service connection for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and securing relevant medical records.

The Veteran's service-connected gastric erosions are rated at 10 percent, and his total disability rating based on individual unemployability is granted.

The Veteran's lumbar spine disability is currently rated at 40 percent disabling, effective April 30, 2009. The Veteran's sciatica of the bilateral lower extremities are each rated at 10 percent disabling.

The Veteran's DDD of the cervical spine with reversed lordosis and IVDS is rated at 30 percent, effective November 20, 2014. His radiculopathy of the right upper extremity is rated at 40 percent, also effective November 20, 2014.

The Veteran's appeal for service connection for a bilateral sciatic nerve condition with bilateral leg inhibition of muscle control has been withdrawn by the appellant's representative.

The Veteran's left sciatic radiculopathy has been rated at 40 percent since June 10, 2014. The condition is manifested by decreased strength in the left hip and ankle muscles (4/5), no muscle atrophy, normal knee strength, normal reflexes, decreased sensation in certain areas of the leg and foot, and moderate intermittent pain.

The Veteran's appeal is remanded due to inadequate development of his service connection claims for lumbar and cervical spine disorders, as well as the TDIU claim. The case will be returned to the Board after further examination and opinion.

The Veteran's spinal discectomy for herniated nucleus pulposus, L5-S1, hemilaminectomy, left L5 disability is rated at 40 percent prior to September 25, 2014 and at 60 percent since that date. The Veteran also has moderately severe radiculopathy of the right lower extremity and left lower extremity.

The Veteran's service-connected low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity with left foot traction sural neuritis have been evaluated based on their current manifestations.,Service connection for residuals of a stroke has not been established.

The Board has determined that a new VA medical opinion is necessary to address the relationship between the Veteran's current lumbosacral spine pathology and associated nerve impairment, and the in-service motorcycle accident in August 1978. The appeal will be remanded for this purpose.

The Veteran's diabetes mellitus and associated peripheral neuropathy have been rated based on their severity, with the highest possible rating for each condition. The TDIU has also been granted.