Radiculopathy & sciatica Board decisions

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C. § 1318.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability determination records.

The Veteran's cervical spine disability, with radiculopathy in both shoulders, is currently rated at 40 percent. A separate rating of 20 percent for radiculopathy is granted.

The Veteran's low back disability with left lumbar radiculopathy was rated at 10 percent since May 29, 2007 and increased to 20 percent effective March 16, 2009.

The Veteran's degenerative changes of the lumbar spine with radiculopathy and limitation of motion are currently rated at 60 percent, effective March 21, 2000. The claim for an earlier effective date is granted.

The Veteran's claim for an initial rating higher than 30 percent for pleural thick thickening related to asbestos exposure with bronchial asthma was granted. The claims for increased ratings for facet joint arthropathy, L4-5, L5-S1; left lower extremity radiculopathy; and right lower extremity radiculopathy were all granted.

The Veteran's left lower extremity radiculopathy associated with service-connected spondylosis and disc disease at L4-S1 has been rated as 10 percent disabling since April 15, 2003.

The Veteran's service-connected degenerative disc disease with lumbosacral strain, residual of fractured 12th dorsal vertebra is rated at the maximum allowable under current criteria. The Board finds no basis to grant a higher rating or reopen his claim for service connection.

The Veteran's claim for a higher rating for his service-connected low back disability was granted, with the effective date being August 16, 2008. The current rating is 40 percent.

The Veteran's appeal is being remanded for additional development and consideration of the submitted evidence.

The Veteran's service-connected disabilities, in combination, do not meet the schedular requirements for assignment of a total disability rating based on individual unemployability.

The Veteran's appeal was denied as his low back disability and associated radiculopathy did not meet the criteria for higher ratings.

The Veteran's low back disability is currently rated as 20 percent disabling, and his right and left leg radiculopathy are each rated at 10 percent. The claims for increased ratings have been granted.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling VA examinations to address the nature and severity of his low back disability and radiculopathy.

The Veteran's service-connected herniated nucleus pulposus at L4-L5 with radiculopathy and patellofemoral syndrome of the right and left knees have been evaluated as noncompensable. The Board finds that a higher evaluation is not warranted.

The Veteran's service-connected chronic low back pain with lumbar spondylosis is rated at 20 percent, and a separate rating of 10 percent for the associated right lower extremity radiculopathy has been granted.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and medical records from San Luis Obispo Armory. The VA will also schedule the Veteran for a psychiatric examination to determine if his mental condition is related to service or aggravated by his back and neck disabilities.

The Veteran's claim for a higher initial rating of 20 percent for degenerative disc disease of the lumbar spine with right-sided sciatica, prior to February 24, 2002, was granted. The RO assigned a separate 40 percent disability rating effective from February 24, 2002.

The Board denied the Veteran's claims for service connection for a left knee disorder, an increased rating for his right knee disability, and an increased rating for his lumbar para vertebral myositis with L5 radiculopathy. The decision found that the Veteran's left knee disorder did not have its onset during service or be related to his service-connected disabilities. For his right knee and back disabilities, the Board determined that a 40 percent rating was warranted based on the chronic orthopedic manifestations of IVDS and separate 10 percent evaluations for the chronic neurologic manifestations in both lower extremities.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's cervical spine disorder with radiculopathy, which may be related to his active service.