Radiculopathy & sciatica decisions — 2009

The Veteran's intervertebral disc syndrome of the lumbosacral spine warrants a 40 percent rating for impairment of the spine, and separate 20 percent ratings for neurological impairment in both lower extremities.

The Veteran withdrew his appeals for all issues on appeal.

The Veteran's disabilities, while disabling, do not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Veteran's claim for an initial disability rating in excess of 20 percent for service-connected degenerative disc disease, L4-L5, with right lumbar radiculopathy prior to June 9, 2004 was denied. The claim for a higher rating since June 9, 2004 was granted and the current rating is 40 percent.

The Board found that the RO's calculation of the Veteran's combined rating of 80 percent was correct in the October 2005 decision and denied the appeal as there is no entitlement to a greater benefit under the law.

The Board has denied the Veteran's claims for service connection for chronic low back pain with left radiculopathy and right hip degenerative arthritis, finding that there is no competent evidence linking these conditions to his period of active service.

The Veteran's claims for service connection for various conditions, including malaria, vision impairment, ulcers, left arm disorder, left shoulder disorder, left little finger disorder, left hip disorder, sciatica, spine disorder, and right knee disorder, were denied as there is no medical evidence of current diagnoses or a link to service.

The Veteran's service-connected lumbosacral spine degenerative disc disease L4-5 and L5-S1 level with spinal stenosis with radiculopathy is found to preclude him from performing substantially gainful employment due to his disability.

The Veteran's service-connected cervical and lumbar spine disabilities, along with radiculopathy of the right upper extremity, left lower extremity, and right lower extremity, have been granted separate evaluations. The Veteran is also granted a TDIU based on his service-connected disabilities.

The Veteran's degenerative disc and joint disease of the lumbar spine is rated at 40 percent effective June 30, 2003.,The Veteran's radiculopathy of the right lower extremity is rated at 10 percent effective June 30, 2003.,The Veteran's DJD of the bilateral knees is rated at 20 percent each effective June 30, 2003.

The Veteran's service-connected disabilities make it impossible for him to secure and follow a substantially gainful occupation, warranting a TDIU.

The Veteran's claim for an increased evaluation for her service-connected degenerative joint disease of the cervical spine with radiculopathy was denied as it did not meet the criteria for a higher rating.

The Veteran's low back disability is rated at 40 percent, effective December 20, 2002. The associated radiculopathy of the lower extremities is rated at 20 percent each, effective October 31, 2006.

The Board has determined that the Veteran does not have sciatica of the left lower extremity and finds no evidence to support a finding that any current disability is related to service or a service-connected condition. As such, the claim for service connection for sciatica of the left lower extremity is denied.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.

The Board has granted an effective date of April 20, 1993 for the grant of service connection for left leg radiculopathy with pain secondary to sciatic nerve associated with chronic lumbar strain.

The Veteran's panic disorder without agoraphobia is found to be incurred in service, and the claim for service connection is granted.

The Board has granted an initial evaluation of 20 percent for the appellant's lumbar spine disability, effective from March 2004. The claimant is seeking higher evaluations for her right lower extremity radiculopathy.

The Veteran's service-connected disabilities did not meet the schedular requirements for a total disability rating based on individual unemployability prior to September 23, 2002. The effective date of the TDIU rating is set at September 23, 2002.

The Veteran's claims for service connection for spinal stenosis of the lumbar and cervical spine disabilities, as well as the issue regarding severance of service connection for PTSD, are being remanded due to inadequate evidence. Further development is needed including a VA examination, verification of claimed stressors, and additional medical records.