Radiculopathy & sciatica decisions — 2008

The veteran's claims for higher initial evaluations of residuals from a right hamstring tear, irritable bowel syndrome with GERD, and right knee ACL reconstruction have been denied. The veteran is currently rated at 10 percent for these conditions.

The Board finds that the appellant's current back condition is not related to his service, and thus denies his claim for service connection.

The Board has remanded the case for further development, specifically a VA examination addressing the etiology of the claimed disability. The veteran missed his scheduled VA examination and now requests rescheduling.

The veteran's lumbar spine disorder is rated at 40 percent effective as of May 15, 2006. Bilateral sciatic radiculopathy is separately evaluated at 10 percent each.

The veteran's claim for an increased rating for his service-connected lumbar injury with lumbosacral degenerative disc disease was denied. The RO found that the veteran's orthopedic manifestations did not warrant a higher than 20 percent rating, and only mild sciatic peripheral neuropathy of each lower extremity warranted separate no more than 10 percent ratings.

The veteran's low back disability and right sciatica are rated at the maximum allowed under VA guidelines. The scar is also rated at its highest level, but only for the period prior to January 14, 2004.

The Board denied increased ratings for lumbar and lower thoracic myositis and left arm cervical radulopathy.

The veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant is being remanded due to the need for additional medical examination and treatment records.

The Board denied the veteran's claim for service connection for low back pain with left leg sciatica, finding no current disability and insufficient evidence of a chronic condition in service.

The Board has granted a rating of 20 percent for cervical radiculopathy, C6-7, and denied the claim for a higher rating for left arm numbness.

The veteran's claims for increased ratings on multiple service-connected disabilities are being remanded due to inadequate VCAA notice.

The veteran is granted special monthly compensation by reason of regular aid and attendance due to service-connected disabilities.

The Board denied the veteran's claim for an earlier effective date of July 12, 2004 for a 60 percent disability rating for low back disability.

The veteran's claims for service connection have been granted, but the appeal to determine whether there was clear and unmistakable error in a previous rating decision is dismissed.

The veteran's incomplete paralysis of the left sciatic nerve with sciatica is currently rated at 40 percent, which is the maximum available rating under DC 8520. The lumbar strain disability remains rated at 20 percent prior to February 23, 2008 and greater than 20 percent beginning that date.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The veteran's claim for higher ratings and an earlier effective date for service connection were denied. The initial rating of 10 percent prior to July 3, 2006, and the increased rating of 20 percent thereafter are not supported by the evidence.

The veteran's low back disability was rated at 10 percent prior to July 8, 2006 and increased to 40 percent since then. The right lower extremity sciatica and neuritis were rated at 10 percent since June 26, 2006, while the left lower extremity condition received a similar rating since May 14, 2007.,The veteran's low back disability was found to have worsened significantly after July 8, 2006, affecting his ability to move and function normally. The right and left sciatica and neuritis conditions also showed significant impairment.

The Board has remanded the case for further development and readjudication, including consideration of applicable diagnostic codes.

The Board has determined that the veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and neurological disorders in his lower extremities, render him unemployable. As a result, TDIU is granted.