Radiculopathy & sciatica Board decisions

The Veteran's mechanical low back pain and degenerative disc disease with sciatica were rated at 10 percent before January 16, 2008. From that date, the rating was increased to 10 percent but no higher.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or housebound status was denied as he does not meet the criteria for either benefit.

The Veteran's cervical spine disability with radiculopathy of the upper extremities is not service-connected. The low back disability was evaluated at various levels, but the reduction in evaluation from 40% to 10% effective June 1, 2008, was upheld.

The Veteran's appeal has been dismissed as he requested withdrawal of the claims.

The Veteran's claim for increased ratings for his low back disability and associated radiculopathy has been denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's service-connected disabilities, including osteoarthritis of the thoracolumbar spine, cervical spine, left arm radiculopathy, and fracture of the left fibula, have resulted in a combined rating of 70 percent. The Board finds that these conditions preclude the Veteran from securing or following substantially gainful employment beginning on September 8, 2008.

The Veteran's low back disability is rated at 10 percent, and his right S1 nerve radiculopathy warrants a separate 10 percent rating.

The Veteran's claims for increased disability ratings for service-connected radiculopathy of the right lower extremity, shin splints of the bilateral legs, and tinea cruris of the groin are being remanded for additional development.

The Veteran's appeal for TDIU was withdrawn. The claims for increased ratings for left knee disabilities and service connection for various nerve disorders were dismissed due to lack of evidence or legal merit.

The Veteran's low back disability is rated at 40 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other claims are not addressed in this decision.

The Veteran's service-connected degenerative changes of the lower back are rated at 20 percent prior to October 16, 2008, and at 40 percent since then. Additionally, a separate 10 percent rating is granted for right leg radiculopathy.

The Board has remanded the case due to the need for a VA examination and VCAA notice, as well as further development of the claim.

The Board has remanded the case for additional development, including obtaining outstanding service and VA treatment records and providing an addendum to the VA examination that includes a medical opinion on aggravation.

The Board has determined that there is no evidence of a left shoulder disability or radiculopathy to the arm, and thus service connection cannot be established.

The Veteran's appeal is being remanded for further examination and development of his claims, including a reevaluation of his low back disability and the claim for individual unemployability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling examinations to evaluate his chronic myofascial pain and left lower extremity radiculopathy.

The Veteran's claims for increased ratings for lumbar spine arthritis, left leg radiculopathy, and right leg radiculopathy have been granted. The Veteran is currently rated at 20 percent for each of these conditions.

The Veteran's claims for service connection for restless leg syndrome, bilateral sciatica, and arteriosclerotic vessel disease with claudication of the lower extremities are denied as there is no evidence or opinion linking these conditions to his military service, including presumed Agent Orange exposure.

The Veteran's low back disability and related sciatica of the lower extremities are being reviewed to determine if they render him unemployable.

The Veteran's appeal for initial ratings in excess of 10 percent for sciatica of the right and left lower extremities has been withdrawn.