Radiculopathy & sciatica Board decisions

The Veteran's lumbosacral spine disorder was granted an increased rating to 20 percent effective May 30, 2007. His right lower extremity radiculopathy also received a grant of benefits.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The Board has granted service connection for lumbar spondylosis and spinal stenosis, right lower extremity radiculopathy with sciatica and paresthesias, and left lower extremity radiculopathy with sciatica and paresthesias. The Veteran's initial ratings have been set at 40% each since May 2004.

The Veteran's claim for TDIU is being remanded due to the need for a new VA examination and consideration of whether an extraschedular rating may be assigned.

The Board has determined that the appellant's service-connected lower back disc disease warrants a rating of 40 percent from September 26, 2003 onwards. The decision also notes that separate ratings for right and left leg sciatica are warranted.

The Veteran's claims for increased ratings for residuals of a herniated nucleus pulposus and left lumbar radiculopathy were denied. The VA examiner found that the Veteran's symptoms did not meet criteria for higher ratings based on incapacitating episodes or ankylosis.

The Board found that the Veteran's interruption and subsequent discontinuance of vocational rehabilitation benefits was proper due to unsatisfactory conduct and operation in meeting his IWRP goals, despite mitigating circumstances.

The Veteran's claim for service connection for a back disorder, including sciatica and spinal stenosis, is being remanded due to the need for additional development of his medical records and an examination.

The Veteran's current L5-S1 radiculopathy is not severe enough to warrant a higher rating, as her symptoms do not meet the criteria for more than a 20 percent evaluation.

The Veteran's service-connected IVDS with radiculopathy and osteoarthritis of the thoracolumbar spine is now rated at 40 percent effective May 14, 2008. The previous ratings for L4-L5 disc bulge with radiculopathy (lumbar spine disability) and arthritis of the thoracic spine from T9 to T12 remain unchanged.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for herniated nucleus pulposus was not granted, while the claim for left lower extremity radiculopathy received a 40 percent rating.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his cervical spine disability and whether he has other neurologic abnormalities. The case will also be referred to the Director, Compensation and Pension Service, for extra-schedular consideration of his TDIU claim.

The Board found that the RO complied with the procedural requirements for reducing the appellant's disability ratings and that the evidence did not support a reduction in either rating. The appeal is denied.

The Veteran's claims for increased ratings for his service-connected low back pain with degenerative changes and intervertebral disc syndrome, lumbar spine, as well as radiculopathy of the left and right lower extremities were denied. The evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's lumbar spine disability is rated at 40% due to incapacitating episodes of IVDS, and he is granted a separate 10% rating for radiculopathy in the right lower extremity. The TDIU claim is not addressed as it was not part of the appeal.

The Veteran's claim for an increased rating for sacroiliac injury with disk disease of L4, L5, and S1 with L5-S1 radiculopathy was denied as his disability did not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for additional development of VA treatment records and compliance with VCAA notice requirements.

The Board has determined that additional development is needed to address the merits of the Veteran's service connection claims for diabetes mellitus, a nervous disorder, and lumbar spine degenerative disc disease with left leg radiculopathy.

The Veteran's lumbago is currently evaluated as 10 percent disabling. The Board has determined that the evidence supports a rating of 20 percent, but no higher, for his lower back disability.

The Board granted a 40 percent evaluation for cervical strain status post C5-6 fusion from July 1, 2007 to September 1, 2007. The rating for radiculopathy of the right upper extremity remains at 20 percent. Hypertension is rated as non-compensable.