Radiculopathy & sciatica decisions — 2006

The veteran's service-connected back disability is manifested by some pain and a slight limitation of motion, but does not meet the criteria for a higher rating under the current VA rating criteria.

The veteran's claims are being remanded for additional development, including VA examinations to determine the nature and etiology of any back, sciatic nerve, and skin disabilities. The TDIU claim is also being readjudicated.

The veteran's nerve palsy of the peroneal division of the sciatic nerve on the left lower extremity was initially rated at 40 percent prior to March 30, 2000 and increased to 80 percent from that date. The appeal is denied for all issues.

The veteran's claim for a total disability evaluation based on individual unemployability is being remanded due to the need to consider amended rating criteria and ensure all relevant medical records are obtained.

The veteran's claims for an increased rating for his low back disability and a TDIU rating are being remanded due to the need for additional development, including examinations and obtaining medical records.

The veteran's appeal is being remanded for additional development, including providing VCAA notice and scheduling VA examinations to determine the nature and etiology of his service-connected disabilities.

The Board has granted a 60 percent rating for the veteran's service-connected lumbosacral degenerative joint and disc disease with sciatic neuritis, effective from March 7, 2005. The maximum schedular evaluation under DC 5293 is assigned for the period prior to September 23, 2002, and the same 60 percent rating is assigned on and after September 23, 2002.

The Board has remanded the veteran's claims due to issues related to reopening service connection for various conditions, including hearing loss and cerebrovascular accident. The case must be reviewed de novo.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the veteran for examinations to assess his service-connected disabilities.

The veteran's service-connected low back disability has been rated at 20 percent since September 1, 1995. After a recent surgery in February 2005, the Board has determined that an initial evaluation of 40 percent is warranted for severe limitation of motion due to pain. Additionally, the veteran's right lower extremity radiculopathy has been rated at 10 percent since December 1995.

The Board found that the veteran's back disorder was not incurred in or aggravated by active service and is not related to a disease or injury of service origin. The Board also noted that degenerative joint disease of the lumbar spine may not be presumed to be related to service, and the current back disorder does not meet the criteria for secondary service connection.

The veteran is appealing for a higher disability rating for his service-connected intervertebral disc syndrome, specifically multilevel lumbar spondylosis, status post L-4 S-1 spinal stabilization with fusion, with residual mild right lower extremity radiculopathy. The appeal has been remanded due to the need for additional evidence and a new examination.

The veteran's claim for increased ratings was granted, with the current rating of 40 percent effective August 23, 2001. Separate ratings of 20 percent each were assigned for radiculopathy of the right and left upper extremities, also effective August 23, 2001.

The VA denied an increased evaluation for the veteran's service-connected minimal disc bulging L4-5 with radiculopathy, currently rated at 20 percent.

The Board finds that the veteran did not suffer additional disability as a result of VA surgery, and any such disability was due to natural progression rather than negligence or error by VA.

The veteran's death was not caused by a service-connected disability, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The veteran's claim for an earlier effective date for TDIU was denied as there is no evidence of unemployability prior to the May 2002 VA spine examination.

The veteran's claims for increased ratings and an earlier effective date were denied. The right shoulder condition does not meet the criteria for a higher rating, while the cervical spine condition is rated appropriately at 20 percent.

The veteran's case is being remanded for additional development, including new examinations and consideration of the evidence submitted by the veteran.

The Board has determined that the effective date for the grant of TDIU should be May 1, 2002, as it is factually ascertainable that the veteran was unable to work due to his service-connected disabilities on that date.