Radiculopathy & sciatica decisions — 2008

The Board's March 7, 2003 decision has been vacated by the Court. As a result, there is no justiciable case or controversy regarding the issue of clear and unmistakable error (CUE) in that decision.

The veteran's appeal is being remanded for additional development, including a VA examination to address the severity of his sciatic nerve paralysis and the nature and etiology of his claimed thoracic spine and lumbar spine disorders.

The Board granted a 40 percent disability rating for the veteran's service-connected low back injury with degenerative disc disease from May 19, 2003 to January 18, 2006. The veteran was also awarded a separate 10 percent rating for radiculopathy of the left lower extremity associated with his service-connected low back disability.

The Board denied increased evaluations for service-connected radiculopathy of the right and left lower extremities, as well as denied service connection for bilateral hearing loss. The veteran's conditions were found to be due to her degenerative disc disease of the lumbar spine.

The veteran's hypertension was not incurred during active service and there is no competent medical evidence linking it to service.,Bilateral peripheral neuropathy has not been diagnosed, and the earliest evidence of a diagnosis is several years after separation from service.,Spermatocele was first clinically confirmed during a period of IDT following a motor vehicle accident. Service connection is granted based on this history.,PTSD does not meet criteria for total occupational and social impairment.,Cervical contusion and sprain have been manifested by moderate limitation of motion with no incapacitating episodes requiring bed rest.,Lumbar spine contusion and strain with radiculopathy were manifested by characteristic pain on motion with slight to severe limitations in motion, but without incapacitating episodes requiring bed rest prior or since February 24, 2006.

The Board has determined that the veteran's sciatica of the left lower extremity is related to his service-connected degenerative joint disease of the lumbar spine, and thus grants service connection for this condition.

The Board has determined that the veteran's cervical radiculopathy, which pre-existed his second period of active service, was aggravated by service. Therefore, the claim for service connection is granted.

The Board has granted service connection for a low back disability, to include low back strain with L4-L5 herniated disc including the sciatic nerve, as secondary to the service-connected linear tear of the left quadriceps tendon. The issue of an increased rating for the left quadriceps tendon condition is remanded.

The veteran's claims for higher initial evaluations for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy due to lumbar spine disc disease were denied. The conditions are rated as 10%, 20%, and 40% respectively.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbar disc disease, effective January 16, 2008. The rating is based on current clinical findings showing forward flexion to 50 degrees and pain.

The veteran's service-connected intervertebral disc disease, post-operative, with sciatic neuritis is rated at 60 percent. The VA examiner found the veteran unemployable due to his dementia and multiple other health problems, but not solely because of his back disability.

The VA denied the veteran's claims for higher ratings for his lumbar spine disability, finding that the evidence did not meet the criteria for a rating in excess of 10 percent for orthopedic manifestations and no compensable rating for left S1 radiculopathy.

The Board has determined that the veteran's service-connected cervical spine disability does not warrant separate compensable evaluations for radiculopathy of both upper extremities.

The veteran's service-connected cervical spine radiculopathies and productive changes of the thoracolumbar spine have been granted initial evaluations in excess of 20 percent effective from April 6, 2004.

The veteran's service-connected thoracic spine disability is not rated higher than 40 percent.,The veteran's service-connected left knee disabilities are not rated higher than 10 percent prior to February 3, 2005 and 20 percent from that date.,The veteran's service-connected right knee disabilities are not rated higher than 10 percent prior to February 3, 2005 and 20 percent from that date.,The veteran's degenerative changes with painful motion in both knees do not warrant a rating higher than 10 percent.,The veteran's service-connected right knee injury does not warrant a rating higher than 20 percent prior to February 3, 2005 and 20 percent from that date.,The veteran's degenerative changes with painful motion in both knees do not warrant a rating higher than 10 percent after February 3, 2005.,The veteran's service-connected disabilities alone are not shown to preclude him from obtaining and maintaining substantially gainful employment.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound was remanded due to incomplete development. The RO is instructed to provide separate disability ratings for identified conditions and re-adjudicate the claim.

The veteran's service-connected herniated nucleus pulposus, L4-S1 and right hip radiculopathy were granted with a 10 percent evaluation effective October 2002. The Board found that the disability does not warrant an evaluation in excess of this initial rating.

The Board denied the veteran's claims for earlier effective dates in several areas, including non-service-connected pension, service connection for a cervical spine disability, and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Board has determined that the veteran's non-service connected disabilities necessitate the need for regular aid and attendance, allowing him to receive special monthly pension benefits.

The veteran's employment as a Director in Instructional Programs has been deemed sufficient to meet his rehabilitation goals, and he is therefore considered rehabilitated.