Radiculopathy & sciatica decisions — 2006

The Board has granted a 40 percent disability rating for the veteran's sciatica of the left lower extremity, effective September 23, 2002. The veteran's low back disability claim includes complaints and contentions with respect to both orthopedic and neurologic symptomatology.

The Board found that the veteran's lumbosacral strain with degenerative disc disease, with low back pain and intermittent sciatica, did not warrant an evaluation in excess of 40 percent.

The Board denied the veteran's claims for higher ratings for her lumbar and cervical spine disabilities, finding that the evidence did not support evaluations in excess of the current ratings.

The veteran's appeal is being remanded for additional development of his medical records. The issues include TDIU, higher initial disability evaluations for radiculopathy in the left and right lower extremities due to degenerative disc disease of the lumbar spine.

The veteran's case is being remanded for further examination and evaluation of his service-connected low back strain with radiculopathy, as the current medical evidence does not provide sufficient information to determine the degree of disability caused by this condition.

The Board granted a TDIU rating effective September 17, 2001, based on the combined effect of service-connected disabilities and non-service-connected coronary artery disease.

The veteran's service-connected low back disability was granted a 20 percent evaluation, and his radiculopathy of the left lower extremity was also granted a 10 percent evaluation. The RO found that these evaluations were appropriate based on the current evidence.

The veteran's spine disability has been rated at 20 percent since September 23, 2001. Separate initial ratings of 10 percent have been assigned for radiculopathy in the right and left lower extremities effective from September 23, 2001.

The Board has determined that the veteran's service-connected disabilities do not render his previously found rehabilitated occupation unsuitable, and thus denied his claim for additional vocational rehabilitation benefits.

The Board has granted a 20 percent rating for the veteran's service-connected lumbar degenerative disc disease with radiculopathy, but denied any increase in rating.

The veteran's service-connected right L5-S1 disc herniation with right lumbar radiculopathy is currently rated at 60 percent, effective from September 23, 2002. The veteran's service-connected degenerative joint disease of the right knee is currently rated at 40 percent, effective from September 23, 2002.

The Board denied the veteran's claim for an increased rating for his service-connected low back injury with radiculopathy, finding that the disability did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has determined that further development of the veteran's service medical and personnel records, as well as a VA examination to determine the nature and cause of his lumbar spine disorder with myofascial pain and radiculopathy, fibromyalgia, and chronic fatigue syndrome is necessary before deciding this appeal.

The veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the lower extremities has been denied. The highest rating assigned is 40 percent for limitation of motion of the lumbar spine, effective September 23, 2002.

The veteran's claim for increased ratings for left lower extremity radiculopathy and multiple operative scars of the left knee was granted. The effective date for the TDIU rating is set at February 27, 2002.

The RO is remanding the case for further evaluation of the veteran's service-connected conditions, including a VA examination to assess the severity of his low back disabilities and whether he has radiculopathy of the right lower extremity. The claims will be readjudicated based on the additional evidence.

The veteran's appeal is being remanded for further development, including a new VA examination and the acquisition of recent medical records. The issues on appeal are service connection for a sciatic nerve disability and an increased rating for lumbosacral strain with osteoarthritis.

The Board has granted an effective date of March 17, 2000 for a 40 percent evaluation for the service-connected lumbosacral strain. The veteran's claims for increased evaluations for his radiculopathy and lumbosacral strain are pending.

The veteran's cervical spine disability, which includes radiculopathy, is currently rated at 40 percent. The Board has determined that the current rating adequately reflects his symptoms and does not warrant a higher evaluation.

The veteran's service-connected disabilities do not meet the criteria for a compensable rating for bilateral hearing loss and his TDIU claim is denied as his combined disability rating of 80% does not meet the required percentage threshold.