Radiculopathy & sciatica decisions — 2017

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the evidence did not support higher ratings or service connection for his claimed conditions.

The Veteran's service-connected thoracolumbar spine disability and associated lumbar radiculopathy have not met the criteria for a higher rating at any point during the appeal period.

The Veteran's low back disability is rated at 40 percent from June 7, 2007 to February 3, 2017. He also has separate ratings for right and left lower extremity radiculopathy.

The Veteran's chronic low back strain is rated as 10 percent disabling, and left lower extremity radiculopathy as 10 percent disabling. The Board finds that the evidence does not support a higher rating for either condition.,The Veteran's service-connected conditions are evaluated based on their direct effects without any presumption or secondary connection to other conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling VA examinations to assess the current severity of his service-connected conditions.

The Veteran's appeal is being REMANDED for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess the severity of his service-connected disabilities.

The Veteran is granted a disability rating of 60 percent for his service-connected back disability, effective from the date of the decision.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's thoracolumbar spine disability, bilateral lower extremity neuropathy (radiculopathy), and bilateral hip arthritis have been evaluated based on their respective diagnostic codes. The claims for higher ratings are denied as the evidence does not support a finding that the conditions more nearly approximate the criteria for higher ratings under any applicable diagnostic code.

The Veteran's claims for increased ratings for low back disability and left lower extremity radiculopathy have been denied.,A TDIU rating was granted prior to January 15, 2014.

The Board has determined that the Veteran's right leg radiculopathy and left knee strain are related to his service-connected low back disability, and thus service connection is granted for these conditions.

The Veteran's appeal is being remanded for additional examinations and consideration of his claims due to the potential change in severity of his service-connected disabilities.

The Veteran's service-connected disabilities are sufficient to bring his combined rating to 90 percent, with at least one disability rated 40 percent or higher; these service-connected disabilities preclude the Veteran from maintaining gainful employment.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability and associated left lower extremity radiculopathy was denied. The evidence did not meet the criteria for an increased rating under any applicable diagnostic codes.

The Veteran's service-connected right lower extremity radiculopathy is manifested by mild incomplete paralysis of the sciatic nerve with numbness, pain, occasional loss of sensation, difficulty in walking more than short distances, but with no palpable muscle spasm; normal tone, reflexes, and motor strength; and no muscle atrophy. The Veteran's disability does not meet criteria for a higher rating.

The Veteran's back and left leg disabilities have been rated at the maximum allowable under VA guidelines, with a TDIU granted based on his service-connected conditions preventing him from securing or following gainful employment.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for award of a TDIU, and his disabilities are not shown to prevent him from obtaining or retaining substantially gainful employment.

The Veteran's lumbar spine disability is currently evaluated as 20 percent disabling, and his radiculopathy of the left and right lower extremities are each rated at 20 percent prior to February 8, 2017, and 40 percent thereafter.,The Veteran does not meet the schedular criteria for an increased evaluation for his lumbar spine disability or radiculopathy. The evidence shows no more than subjective complaints of pain without objective findings of limitation in motion or ankylosis.

The Veteran's left lower extremity radiculopathy was granted an initial noncompensable rating prior to September 12, 2012. The claim for a higher initial rating is denied until April 14, 2017, when the Veteran was assigned a 30 percent rating.

The Veteran's appeal is being remanded for a new examination to assess the current severity of his service-connected lumbar spine and lower extremity radiculopathy disabilities, as he reported worsening symptoms since the last VA examination in April 2010.