Radiculopathy & sciatica decisions — 2017

The Board has remanded the Veteran's case to obtain updated medical records and schedule him for VA examinations. The claim will be referred to the Director of Compensation Service for adjudication in accordance with 38 C.F.R. § 4.16(b).

The Veteran's lumbar strain and left leg paresthesias were found to not warrant ratings higher than the current 40 percent for lumbar strain and 20 percent for left leg paresthesias.

The Veteran's claims for increased evaluations of his spine disability and radiculopathy, as well as the issue of entitlement to a TDIU, are being remanded due to inadequate examination reports and need for additional development.

The Board denied service connection for the claimed conditions, finding that they were not related to active service.

The Veteran's claims for increased ratings for his lumbar spine disability and right lower extremity radiculopathy were denied as the evidence did not support a higher rating based on the current manifestations of these conditions.

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease and osteophytosis of the lumbar spine with left lower extremity radiculopathy, is not service-connected as it is not shown to have had its onset during active duty or be otherwise related to his military service. The Board also found that there is no evidence linking rheumatoid arthritis to service.

The Veteran's service-connected lumbar spine disability has been manifested by no worse than forward flexion to 70 degrees without manifestation of abnormal gait, spine contour, kyphosis, or 'incapacitating episodes' as defined by regulation. The criteria for a higher rating have not been met.

The Board has determined that the Veteran's lumbar spine disorder was directly incurred in service and grants service connection for post-operative lumbar residuals, to include degenerative disk disease, bilateral lower extremity radiculopathy, and scars.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to April 7, 2014.

The Veteran's service-connected disabilities have rendered him unable to obtain and retain substantially gainful employment for the entire appeal period.

The Board has determined that the Veteran's intermittent nerve impingement and sciatica in his right leg and foot manifested to a compensable degree within one year of separation from active duty service, thus meeting the criteria for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, as well as new examinations to assess the current severity of his lumbar spine, right lower extremity radiculopathy, right plantar fasciitis, and eye disabilities.

The Veteran's claim for a higher rating for low back strain with sciatic pain is being remanded due to the need for updated VA and private treatment records, as well as an updated examination.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the lumbosacral spine was granted, with an effective date of April 19, 2016.,Since December 2, 2013, the Veteran has been assigned a 20 percent disability rating for his degenerative disc disease of the lumbosacral spine.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective February 4, 2009. He also has a 10 percent rating for right lower extremity radiculopathy and a 20 percent rating for left lower extremity radiculopathy.

The Veteran's lumbosacral strain and associated left lower extremity radiculopathy were evaluated at a 20% rating prior to July 5, 2011.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including a new VA examination for his lumbar spine disability and an EMG test for his neurological manifestations.

The Board found that the Veteran's current back, left arm, and left leg disorders are not directly related to his service or a service-connected disability. The Veteran's chronic left flank pain is also not considered the cause of these conditions.

The Veteran's claims for service connection and increased ratings were denied. The Board found no residuals of a left big toe injury, but granted service connection for radiculopathy of the right lower extremity effective June 22, 2009.