Radiculopathy & sciatica decisions — 2009

The Veteran's claims for increased ratings for his service-connected low back pain with degenerative changes and intervertebral disc syndrome, lumbar spine, as well as radiculopathy of the left and right lower extremities were denied. The evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's lumbar spine disability is rated at 40% due to incapacitating episodes of IVDS, and he is granted a separate 10% rating for radiculopathy in the right lower extremity. The TDIU claim is not addressed as it was not part of the appeal.

The Veteran's claim for an increased rating for sacroiliac injury with disk disease of L4, L5, and S1 with L5-S1 radiculopathy was denied as his disability did not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for additional development of VA treatment records and compliance with VCAA notice requirements.

The Board has determined that additional development is needed to address the merits of the Veteran's service connection claims for diabetes mellitus, a nervous disorder, and lumbar spine degenerative disc disease with left leg radiculopathy.

The Veteran's lumbago is currently evaluated as 10 percent disabling. The Board has determined that the evidence supports a rating of 20 percent, but no higher, for his lower back disability.

The Board granted a 40 percent evaluation for cervical strain status post C5-6 fusion from July 1, 2007 to September 1, 2007. The rating for radiculopathy of the right upper extremity remains at 20 percent. Hypertension is rated as non-compensable.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C. § 1318.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability determination records.

The Veteran's cervical spine disability, with radiculopathy in both shoulders, is currently rated at 40 percent. A separate rating of 20 percent for radiculopathy is granted.

The Veteran's low back disability with left lumbar radiculopathy was rated at 10 percent since May 29, 2007 and increased to 20 percent effective March 16, 2009.

The Veteran's degenerative changes of the lumbar spine with radiculopathy and limitation of motion are currently rated at 60 percent, effective March 21, 2000. The claim for an earlier effective date is granted.

The Veteran's claim for an initial rating higher than 30 percent for pleural thick thickening related to asbestos exposure with bronchial asthma was granted. The claims for increased ratings for facet joint arthropathy, L4-5, L5-S1; left lower extremity radiculopathy; and right lower extremity radiculopathy were all granted.

The Veteran's left lower extremity radiculopathy associated with service-connected spondylosis and disc disease at L4-S1 has been rated as 10 percent disabling since April 15, 2003.

The Veteran's service-connected degenerative disc disease with lumbosacral strain, residual of fractured 12th dorsal vertebra is rated at the maximum allowable under current criteria. The Board finds no basis to grant a higher rating or reopen his claim for service connection.

The Veteran's claim for a higher rating for his service-connected low back disability was granted, with the effective date being August 16, 2008. The current rating is 40 percent.

The Veteran's appeal is being remanded for additional development and consideration of the submitted evidence.

The Veteran's service-connected disabilities, in combination, do not meet the schedular requirements for assignment of a total disability rating based on individual unemployability.

The Veteran's appeal was denied as his low back disability and associated radiculopathy did not meet the criteria for higher ratings.

The Veteran's low back disability is currently rated as 20 percent disabling, and his right and left leg radiculopathy are each rated at 10 percent. The claims for increased ratings have been granted.