Radiculopathy & sciatica decisions — 2007

The veteran's PTSD was granted service connection and assigned a 50 percent rating effective January 20, 2001. The RO increased the rating for residuals of a gunshot wound to the left buttock from noncompensable to 40 percent effective September 29, 2004. A separate 10 percent rating was assigned for sciatic neuropathy, left.

The veteran's low back disability has been granted a 40 percent rating, effective March 16, 2003. Service connection for bilateral hearing loss was denied.

The Board denied the veteran's claims for service connection for diabetes mellitus, a blood disorder, and paralysis of the sciatic nerve. The evidence did not support these claims.

The Board denied the veteran's claims for increased ratings for his service-connected herniated nucleus pulposus with sciatica pain to both lower extremities, arthritis, and anxiety disorder. The veteran's service connection claim for these conditions was decided on the merits.

The Board has granted a 20 percent evaluation for the veteran's degenerative disc disease of the lumbar spine, effective from the date of the claim. The rating is based on limitation of motion and associated neurologic symptoms.

The veteran's cervical spine degenerative disc disease and degenerative arthritis have been rated at 60 percent since July 10, 2004. The lumbar spine degenerative disc disease and degenerative arthritis have been rated at 40 percent since October 4, 1996.

The Board has determined that the veteran's bilateral leg disorder and neck disorder are not service-connected, with the exception of a right lower extremity sciatica which is secondary to his service-connected low back strain. The claim for a neck disorder was denied as there is no evidence supporting its secondary relationship to the service-connected low back strain.

The veteran's unauthorized private medical expenses incurred at S.J. Hospital from February 8, 2004 to February 9, 2004 are denied as the services were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The VA determined that the veteran's low back and left leg disability was not caused by or aggravated by the July 27, 2004 colonoscopy and cystoscopy performed by VA.

The veteran's appeal is being remanded to obtain additional medical records, clarify the status of a VA examination, and determine if an extraschedular rating is warranted for his low back disability.

The veteran's cervical spine disability, including IVDS and bilateral upper extremity radiculopathy, is rated at 20 percent under the September 2003 rating criteria. The condition does not meet or approximate the criteria for a higher rating.

The Board denied the veteran's claim for service connection for sacroiliitis of the left SI joint with sciatica, finding that it was not due to disease or injury incurred in or aggravated by active service and not proximately due to or the result of her service-connected right ankle sprain residuals.

The Board has determined that the veteran's employment was not marginal and her TDIU rating was terminated effective January 1, 2008.

The Board has determined that the veteran's service-connected sciatic neuritis and hypertrophy does not warrant an evaluation in excess of 40 percent.,The veteran's paroxysmal atrial fibrillation also did not meet the criteria for a higher rating.

The veteran's appeal is being remanded for a video conference hearing before a Veterans Law Judge. The issues include increased evaluation, service connection for sleep apnea and depression as secondary to service-connected disabilities, radiculopathy of the lower extremities, incontinence, and TDIU.

The Board has granted the veteran's claims for higher evaluations for his service-connected disabilities, assigning a 40 percent evaluation for status post laminectomy of the lumbar spine and a 20 percent evaluation for radiculopathy of the left lower extremity. The right hip disability remains at a 10 percent rating.

The veteran's initial disability ratings for his neck, left shoulder, and low back disabilities have been denied. The highest rating available under the applicable VA regulations is 20 percent for each condition.

The veteran's combined service-connected disabilities do not meet the criteria for a TDIU due to their percentage ratings, but his unemployability is considered based on the severity of his service-connected conditions.

The veteran's appeal for an increased rating for thoracolumbar spine strain with sciatic radiculopathy was dismissed as the appellant withdrew his appeal prior to a decision being made.

The veteran's claims for increased evaluations for bilateral lower extremity radiculopathy were denied by the RO. The effective date is not specified.