Radiculopathy & sciatica decisions — 2009

The Veteran's lumbar disc syndrome with sciatica is currently rated at 40 percent, and he has been granted separate ratings for radiating neuropathic pain in both lower extremities. His thrombophlebitis of the right leg is also rated at 10 percent.

The Veteran's cervical spine conditions and mood disorder are service-connected, with the mood disorder being secondary to his service-connected cervical spine conditions.

The Veteran's lumbar spine disability is now rated at 60 percent effective December 27, 2005. The right lower extremity radiculopathy remains at a 20 percent rating.

The VA has denied the veteran's claim for an increased rating for his service-connected chronic lumbar strain with intermittent L5-S1 radiculopathy, currently rated as 40 percent disabling.

The Veteran's low back disability, characterized by limited motion and mild sciatica, is rated at 20% under the General Rating Formula for Diseases and Injuries of the Spine. A separate 10% rating is assigned for the neurological manifestations (sciatic nerve).

The Veteran's claim for increased ratings for his service-connected low back disability and sciatic nerve radiculopathy of both lower extremities was granted. He is currently rated at 40 percent for the low back disability, effective from August 21, 2008, with separate 10 percent ratings for right and left sciatic nerve radiculopathy.

The Veteran's claim for service connection for a disability of the sciatic nerve, claimed as right leg disability is denied. The VA examination did not show any current disability and there was no evidence linking his current symptoms to service.

The Veteran's claims for higher ratings for right sciatic nerve injury and degenerative disc disease, residuals of a back injury were denied. The claim for a total disability rating based on individual unemployability was also denied as the combined rating did not meet the minimum percentage standards.

The Veteran's claims for higher ratings for various service-connected conditions have been denied. The Board found that the evidence did not support a higher rating than 20 percent for thoracolumbar degenerative arthritis with intervertebral disc syndrome and deep peroneal nerve radiculopathy, or a separate rating of 10 percent for left shoulder strain.

The Board found that the Veteran's low back and neck disabilities were not incurred in or related to his military service, and denied both claims.

The Veteran's right lower extremity radiculopathy has been rated at a 40 percent since January 6, 2004. The left lower extremity and low back strain with disc herniation issues have not yet been addressed as they were withdrawn by the appellant.

The Board has determined that the Veteran's neck and back disorders are not related to service, as they were either congenital or preexisting conditions. The Veteran's current symptoms do not meet the criteria for service connection.

The Board denied higher initial ratings for the Veteran's service-connected left leg radiculopathy, glans penis bifurcation, and scars, but referred his glans penis bifurcation claim to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extraschedular rating.

The Veteran's claims for increased ratings and service connection were denied, with no new and material evidence found to reopen previously denied claims.

The Board denied service connection for degenerative disc disease of the cervical spine, DDD of the lumbosacral spine, axonal sensorimotor neuropathy and radiculopathy of the lower extremities, and a right shoulder disability as they were not related to the Veteran's active duty service.

The Board denied an increased rating for the Veteran's low back disorder and bilateral lower extremity radiculopathy, but granted a 20 percent evaluation for each. The Board also denied service connection for a bilateral knee disorder.

The case is being remanded for additional evidence and a new examination to determine the current severity of the Veteran's service-connected disabilities.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 20 percent, but no higher. The lumbar radiculopathy of the left side does not warrant a rating in excess of 10 percent.

The Veteran's service-connected bilateral hammertoes do not meet the criteria for a disability rating in excess of 30 percent, and his intermittent right lower extremity radiculopathy is not related to his period of service or any incident therein, including service-connected hammertoes.

The case was remanded to obtain additional evidence and ensure compliance with the Board's previous remand instructions.