Radiculopathy & sciatica Board decisions

The Veteran's appeal of service connection for carpal tunnel syndrome has been withdrawn. The Board is dismissing the appeal.

The Board has remanded the claims for service connection for degenerative disc disease and radiculopathy of the cervical and lumbar spine, as well as a respiratory disorder. The Veteran's claim is being reviewed again due to new evidence submitted since previous denials.

The Veteran's service-connected disabilities do not result in the loss or permanent loss of use of one or both feet, as determined by a VA examination. The case is REMANDED for further development.

The Veteran's low back disability is currently rated at 20 percent, and the claims for increased ratings are denied as his symptoms do not warrant a higher rating under the applicable criteria.

The Veteran's lumbosacral strain and associated left-sided nerve involvement have been rated at 10 percent since July 2008. The VA examiner found that the Veteran’s range of motion exceeded the criteria for a higher rating under the General Rating Formula.

The Board has reopened the Veteran's claim for service connection for spinal disk herniation with associated encroachment upon and displacement of the right S1 nerve root with radiculopathy, finding that new and material evidence has been received. The issue will now be addressed on its merits.

The Board found that a current low back disorder with mild right-sided radiculopathy did not have its onset during active service or become manifest within the first post-service year, and is not proximately due to any service-connected disability.

The Veteran's claims for service connection for various conditions, including radiculopathy of the upper and lower extremities and a right knee disability, have been denied. The Veteran does not have diagnosed disabilities that warrant an increased evaluation for recurrent tinnitus.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 10 percent, effective August 7, 2010. He also has a separate rating for right leg radiculopathy of 10 percent.

The Veteran's cervical and lumbar spine disabilities have been rated based on their functional limitations, with the most recent rating decision increasing the ratings to 20 percent effective September 14, 2011.,Prior to September 14, 2011, the Veteran's cervical and lumbar spine disabilities were rated at 10 percent. As of September 14, 2011, they have been rated at 20 percent.

The Veteran is granted service connection for onychomycosis of the right middle fingernail, which was incurred in active service.,Service connection is also granted for chronic lumbar strain with early degenerative joint disease of the lumbar spine and sciatica of the right lower extremity. The Veteran's anxiety disorder claim remains pending.

The Board found that the Veteran's lumbar spine disabilities did not begin in service and are not otherwise traceable to his active duty service, thus denying his claim for service connection.

The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion regarding the Veteran's back disabilities.

The Veteran's GERD with diarrhea was granted an initial evaluation of 30 percent, effective September 4, 2007. The lumbar spine disability received a separate 10 percent rating for irritable bowel syndrome and a 20 percent rating for degenerative disc disease. Left leg radiculopathy received a 30 percent evaluation.

The Board has restored a 40 percent rating for the Veteran's service-connected low back pain with herniated nucleus pulpous L5-S1, now diagnosed as status post L5-S1 left hemilaminectomy, foramenotomy, L5-S1 microdiscectomy with advanced degenerative disc disease. The reduction from 40 to 20 percent was found to be void ab initio.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records since April 2011 and scheduling a new VA examination. The issue of entitlement to an initial disability rating in excess of 10 percent for left lower extremity radiculopathy associated with degenerative arthritis of the lumbar spine will be reconsidered.

The Board denied the Veteran's claims of service connection for left and right arm radiculopathy and weakness, finding that the pre-existing disabilities were not aggravated by active service or during a period of ACDUTRA.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to TDIU.

The Veteran's service-connected radiculopathy of the right lower extremity is currently rated at 10 percent, which corresponds to mild incomplete paralysis.,Prior to September 22, 2011, the Veteran's service-connected radiculopathy of the left lower extremity was rated at 10 percent. Since then, it has been rated at 40 percent.

The Veteran's left leg radiculopathy resulted in severe pain, paresthesia, numbness, and objective findings of weakness since November 15, 2011. The disability picture more closely approximated severe incomplete paralysis due to left leg radiculopathy.