Radiculopathy & sciatica decisions — 2016

The Veteran's claim for a separate rating for his service-connected low back disability and associated radiculopathy of the left lower extremity is denied as there is no legal basis for such a rating.

The Veteran's claims for increased ratings for his service-connected herniated nucleus pulposus, post-operative, of the thoracolumbar spine and left lower extremity radiculopathy are being remanded due to the need for additional development.

The Board found that a cervical spine disability was incurred in service and granted service connection for it. The lumbar spine, left leg (including ankle and knee disorders), right wrist, right knee, and right arm disabilities were not shown to be related to service or any presumptive exposure basis.

The Board has remanded the Veteran's claims due to incomplete development and need for further medical examination.

The Veteran's appeal was denied for entitlement to higher disability ratings for degenerative disc disease with strain of the lumbar spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity.

The Board has dismissed the Veteran's appeal concerning his increased rating for degenerative disc disease and degenerative joint disease of the lumbar spine, rated as 40 percent disabling. The claim for an initial disability rating in excess of 10 percent for sciatica of the left lower extremity is denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a social and industrial survey to determine his ability to work due to service-connected disabilities.

The Board found that the Veteran's combined rating for his service-connected disabilities (40% for lumbar spine intervertebral disc syndrome with degenerative arthritis of the spine and 10% for bilateral lower extremity radiculopathy) did not meet the schedular threshold for TDIU. The Director denied entitlement to a TDIU on an extraschedular basis, concluding that it was possible he could be substantially gainfully employed in a sedentary occupation.

The Veteran's service-connected neuropathy of the sciatic nerve for both lower extremities and femoral nerve for both lower extremities have been granted initial ratings of 10 percent each, effective May 6, 2014.

The Veteran's claim for a higher initial rating for his L5-S1 spondylolisthesis with bilateral spondylosis, right lower extremity sciatic nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy was denied. The maximum schedular rating assignable for the condition has been granted.

The Veteran's claims for increased ratings for his service-connected left lower extremity sciatica and PTSD are being remanded due to the receipt of additional evidence.,The Veteran's claim for an increased rating for his service-connected lumbar spine spondylosis is being remanded due to the receipt of additional evidence.,The Veteran's claims for increased ratings for his service-connected right knee patellofemoral syndrome and headaches are being remanded due to the receipt of additional evidence.,The Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected residuals of a traumatic brain injury is being remanded due to the receipt of additional evidence.,The reduction in rating for a right ankle disorder from 10 percent to a noncompensable rating was proper, and this portion of the appeal period is no longer before the Board.

The Board has granted initial ratings of 20 percent for radiculopathy of the right and left lower extremities, effective from June 24, 2014.

The Veteran's appeal includes claims for increased ratings and service connection for various conditions, including coronary artery disease, COPD, asthma, a spine disability, radiculopathy of the upper and lower extremities. The Board has remanded these issues due to missing VA treatment records.

The Veteran withdrew his claims, and the Board does not have jurisdiction over these issues.

The Veteran's lumbar spine disability was rated at 30 percent from November 2005 through February 19, 2009. Since then, the rating has been increased to 40 percent for his left lower extremity radiculopathy.

The Board denied the Veteran's claims for service connection for Crohn's disease, a neck condition, and an acquired psychiatric disorder. The Board found that there was no evidence of chronic conditions in service or continuity of symptoms after service, and concluded that the current disabilities are not related to service.

The Veteran's prostate cancer, erectile dysfunction, and left lower extremity radiculopathy have been granted service connection. The Veteran does not have a claim for colon cancer secondary to contaminated water at Camp Lejeune.,An effective date of May 15, 2006 has been assigned for the grant of service connection for prostate cancer.

The Veteran seeks service connection for a left leg disability, which he asserts had its onset in service. He was also seeking an initial compensable rating for his left elbow arthritis and an initial compensable rating for his thoracolumbar spine disability.,An additional VA examination is necessary to clarify the specific nature of any current disabilities and to provide opinions regarding their relationship to service.

The Veteran's appeal has been resolved in part. His higher rating and earlier effective date claims for lower extremity radiculopathy have been granted, as well as his TDIU claim based on service-connected disabilities. However, his initial rating claim for tinnitus is dismissed due to withdrawal of the appeal.

The Veteran's service-connected left leg sciatica is currently rated at 10 percent, the minimum rating available under VA regulations.