Radiculopathy & sciatica decisions — 2009

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling VA examinations to address the nature and severity of his low back disability and radiculopathy.

The Veteran's service-connected herniated nucleus pulposus at L4-L5 with radiculopathy and patellofemoral syndrome of the right and left knees have been evaluated as noncompensable. The Board finds that a higher evaluation is not warranted.

The Veteran's service-connected chronic low back pain with lumbar spondylosis is rated at 20 percent, and a separate rating of 10 percent for the associated right lower extremity radiculopathy has been granted.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and medical records from San Luis Obispo Armory. The VA will also schedule the Veteran for a psychiatric examination to determine if his mental condition is related to service or aggravated by his back and neck disabilities.

The Veteran's claim for a higher initial rating of 20 percent for degenerative disc disease of the lumbar spine with right-sided sciatica, prior to February 24, 2002, was granted. The RO assigned a separate 40 percent disability rating effective from February 24, 2002.

The Board denied the Veteran's claims for service connection for a left knee disorder, an increased rating for his right knee disability, and an increased rating for his lumbar para vertebral myositis with L5 radiculopathy. The decision found that the Veteran's left knee disorder did not have its onset during service or be related to his service-connected disabilities. For his right knee and back disabilities, the Board determined that a 40 percent rating was warranted based on the chronic orthopedic manifestations of IVDS and separate 10 percent evaluations for the chronic neurologic manifestations in both lower extremities.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's cervical spine disorder with radiculopathy, which may be related to his active service.

The Veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance of another person or being housebound.

The Veteran's service-connected sciatic radiculopathy of the left and right lower extremities are currently rated at 10 percent each. The Board finds that a separate evaluation of 10 percent, but not greater, is warranted for right sciatic radiculopathy.

The Veteran's claims for earlier effective dates for service connection were denied as the original decisions are final and cannot be reopened without a claim of clear and unmistakable error (CUE).,The Veteran's claims for earlier effective dates for service connection were denied as the original decisions are final and cannot be reopened without a claim of clear and unmistakable error (CUE).

The Board has granted service connection for multi-level degenerative disc disease with arthritis of the lumbar spine, left knee arthritis, chronic left ankle strain, and left L5 radiculopathy affecting the left leg. The lung disability claim is deferred pending completion of development.

The Veteran's ratings for his low back disability and associated pain and numbness of the left lower extremity were reduced from 60 to 20 percent, and from 10 to zero percent respectively. The decision is mixed as some issues are granted while others are denied.

The Veteran's service-connected cervical spine disability is rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal for higher initial ratings for residuals of left hip surgery and left lower extremity paresthesia was denied. The evidence did not support a rating in excess of 10 percent for either condition.

The Veteran's claim for an increased rating for his service-connected herniated lumbar disc L4-L5, lumbar myositis, and L4 radiculopathy is being remanded due to the need for additional VA examination.

The Veteran's appeal is being remanded to allow for a statement of the case on his claim for service connection for a lumbosacral herniated nucleus pulposus. The hearing loss in the right ear issue will be addressed after a VA examination.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease and sciatica symptoms is being remanded due to the need for additional development, including obtaining medical records from various providers.

The Veteran's claims for service connection for dizziness, cramping, and difficulty walking and standing, radiculopathy of the lower extremities, and peripheral neuropathy of the upper extremities have all been denied.,Special monthly pension based on need for regular aid and attendance has been granted.

The VA has determined that the appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a total disability rating based on individual unemployability.

The Board has determined that the Veteran's back disability with sciatica is not related to his service-connected pes planus and therefore denied the claim for service connection.