Radiculopathy & sciatica decisions — 2009

The Veteran's claim for an increased rating for low back pain with radiculopathy was denied, and his TDIU claim was not addressed due to the lack of documentation.

The Veteran's claim for compensation under the provisions of Title 38, United States Code, � 1151 for degenerative disc disease of the cervical spine with radiculopathy is being remanded due to a need for further development and consideration.

The Veteran's service-connected lumbar spine disorder and left lower extremity sciatica have been rated based on their current manifestations. The initial rating of 10 percent for the lumbar spine prior to January 24, 2009 has been maintained, while a higher 20 percent rating is granted effective from that date. The Veteran's left lower extremity sciatica remains at 20 percent.

The Veteran's conditions, while disabling, do not meet the criteria for special monthly pension based on housebound status as he does not have a single permanent disability rated at 100% or more and is not permanently confined to his home.

The Veteran's low back disability, including radiculopathy of the right lower extremity, does not warrant a rating higher than 10 percent.

The Veteran's service-connected mechanical low back pain with left-sided sciatica was initially rated at 10 percent, and the Board has determined that a higher initial rating of 20 percent is warranted from July 15 to September 16, 2004. Since then, the disability has not met the criteria for an evaluation in excess of 10 percent.

The Veteran's claims for initial compensable evaluations for sciatica, right and left lower extremities are being remanded due to the need for additional medical evidence and a contemporaneous VA examination.

The Veteran's lumbosacral spine disorder was granted an increased rating to 20 percent effective May 30, 2007. His right lower extremity radiculopathy also received a grant of benefits.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The Board has granted service connection for lumbar spondylosis and spinal stenosis, right lower extremity radiculopathy with sciatica and paresthesias, and left lower extremity radiculopathy with sciatica and paresthesias. The Veteran's initial ratings have been set at 40% each since May 2004.

The Veteran's claim for TDIU is being remanded due to the need for a new VA examination and consideration of whether an extraschedular rating may be assigned.

The Board has determined that the appellant's service-connected lower back disc disease warrants a rating of 40 percent from September 26, 2003 onwards. The decision also notes that separate ratings for right and left leg sciatica are warranted.

The Veteran's claims for increased ratings for residuals of a herniated nucleus pulposus and left lumbar radiculopathy were denied. The VA examiner found that the Veteran's symptoms did not meet criteria for higher ratings based on incapacitating episodes or ankylosis.

The Board found that the Veteran's interruption and subsequent discontinuance of vocational rehabilitation benefits was proper due to unsatisfactory conduct and operation in meeting his IWRP goals, despite mitigating circumstances.

The Veteran's claim for service connection for a back disorder, including sciatica and spinal stenosis, is being remanded due to the need for additional development of his medical records and an examination.

The Veteran's current L5-S1 radiculopathy is not severe enough to warrant a higher rating, as her symptoms do not meet the criteria for more than a 20 percent evaluation.

The Veteran's service-connected IVDS with radiculopathy and osteoarthritis of the thoracolumbar spine is now rated at 40 percent effective May 14, 2008. The previous ratings for L4-L5 disc bulge with radiculopathy (lumbar spine disability) and arthritis of the thoracic spine from T9 to T12 remain unchanged.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for herniated nucleus pulposus was not granted, while the claim for left lower extremity radiculopathy received a 40 percent rating.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his cervical spine disability and whether he has other neurologic abnormalities. The case will also be referred to the Director, Compensation and Pension Service, for extra-schedular consideration of his TDIU claim.

The Board found that the RO complied with the procedural requirements for reducing the appellant's disability ratings and that the evidence did not support a reduction in either rating. The appeal is denied.