Radiculopathy & sciatica Board decisions

The appeal for increased ratings remains before the Board due to a remand for additional development.

The appeal is remanded to the RO for additional development, including obtaining any outstanding private treatment records.

The appeal is remanded for further development, including obtaining an addendum to the May 2007 examination and ensuring that the Veteran has been provided notice consistent with the requirements of 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board denied the Veteran's claim for an evaluation in excess of 40 percent for traumatic degenerative disc disease with bilateral radiculopathy, as there was no evidence of incapacitating episodes having a total duration of at least six weeks during the previous 12 months, unfavorable ankylosis of the entire thoracolumbar spine, or more than moderately severe incomplete paralysis of the sciatic nerve.

The Board denied an initial rating in excess of 20 percent for lumbosacral strain with radiculopathy, and denied initial ratings in excess of 10 percent for right knee arthritis and instability.

The Veteran's cervical radiculopathy of the left upper extremity is rated as 20 percent disabling, and his degenerative disc disease of the cervical spine does not warrant a rating in excess of 20 percent.

The Veteran's claim for an increased evaluation for chronic low back strain with left radiculopathy is being remanded to schedule a new examination.

The Board denied an increased evaluation for the Veteran's postoperative residuals of spinal fusion of L4-S1, with pathology between L4 and L5, and radiculopathy of the right lumbosacral plexus, as the evidence did not support a higher rating under the applicable criteria.

The Veteran's service-connected neuropathy of the right and left lower extremities is characterized by moderately severe impairment due to weakness, diminished and absent reflexes and sensation, and resulting gait abnormalities. The Board finds that the criteria for a disability rating of 40 percent have been met.

The Veteran's claims for increased ratings were denied as the evidence did not support higher ratings for his degenerative disc disease of the lumbar spine, radiculopathy, and pes planus conditions.

The Board denied the veteran's claim for a rating in excess of 20 percent for his chronic lumbar strain, as the evidence did not show that the disability warranted a higher rating.

The appeal is remanded to obtain additional medical records and to readjudicate the claims.

The Veteran's lumbar flexion is to 90 degrees and extension to 30 degrees without muscle spasm, guarding or localized tenderness. The Veteran experiences mild to moderate chronic S1 radiculopathy of the left lower extremity.

The claim for service connection for lumbar spine stenosis with radiculopathy was reopened, and a rating of 30 percent was assigned for the left ankle disability.

The Veteran's service connection for a right knee disability was granted, while the evaluations for bilateral tinnitus and degenerative disc disease (DDD) L4-5 with L4-5 radiculopathy were denied.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment at any time during the appeal period.

The claim for service connection for low back degenerative changes with radiculopathy and surgical residuals was reopened, but the evidence did not support a finding of direct service connection. The claim for service connection for bilateral hearing loss was denied as new and material evidence was not provided.

The Board denied service connection for glaucoma, residuals of a stroke, sleep apnea, and circulatory disorder of the legs. The initial rating for left thoracic radiculopathy was also denied.

The Veteran's low back strain was rated at 10 percent prior to August 26, 2008, and increased to 40 percent as of that date. The Veteran also received separate ratings for left and right sciatic radiculopathy.

The Veteran's right knee disability was rated at 20 percent, and the left knee and hip disabilities were not increased from their current ratings. The Veteran was granted a total disability rating based on unemployability due to his service-connected disabilities.