Radiculopathy & sciatica decisions — 2010

The Board has granted service connection for degenerative disc disease of the lumbar spine with S1 radiculopathy. The cervical spine and erectile dysfunction claims are remanded due to new theories presented by the Veteran.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective September 26, 2003. The rating was granted as a direct result of his service-connected condition.

The Board has determined that the Veteran's current back disability, including sciatica and spinal stenosis, is the result of an injury during active duty. As such, service connection for a back disorder is granted.

The Veteran's appeal was withdrawn for the issue of an initial compensable evaluation for erectile dysfunction. The issues regarding increased evaluations for intervertebral disc syndrome with scar and bowel dysfunction were denied.

The Veteran's claim for service connection for costochondritis, claimed as chest pain, was granted. The claims for increased ratings for the right ankle and lumbosacral strain with mild sciatica and right radiculopathy were also granted.

The Veteran's claim for TDIU is being remanded due to the need for additional development and readjudication.

The Board found that the Veteran's current low back disorder with associated lower left extremity radiculopathy is not related to his active duty service.

The Board has determined that the Veteran does not have current radiculopathy or peripheral neuropathy of the upper and lower extremities that are service-connected, as her conditions did not manifest during active duty or within a presumptive period. The Board also found no evidence to support secondary service connection based on pre-existing disabilities.

The Board has determined that the appellant does not meet the criteria for entitlement to special monthly pension based upon the need for regular aid and attendance of another person, as she is able to perform daily activities independently.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of loss of use of both lower extremities, blindness in both eyes, or loss of use of one upper extremity.

The Veteran's claim for an increased evaluation of his service-connected post-operative residuals of a herniated nucleus pulposis, L5-S1 with left lower extremity radiculopathy was denied. His claim for service connection for a left knee disorder has been withdrawn. The Board also found that the evidence did not support a TDIU.

The Veteran's appeal is granted, with a rating of 20 percent for the gunshot wound to the left foot effective from April 15, 2004.

The Veteran's service-connected low back disability is currently rated at 40 percent, and the Board finds that it does not warrant a higher rating based on current evidence.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA compensation examinations.

The Veteran's appeal is being remanded due to the need for additional development of his medical records and an examination to assess his employability.

The Veteran's service-connected disabilities, including left peroneal nerve palsy, major depressive disorder, right knee strain, lumbar degenerative disc disease with radiculopathy, and left knee dislocation, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are met.

The evidence does not support a finding that the Veteran's current back disability is related to his military service.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's left hip pain is found to be secondary to his service-connected degenerative disc disease of the lumbar spine, and thus service connection for sciatica of the left lower extremity is granted.

The Board found that the Veteran's service-connected lower extremity radiculopathy, associated with his low back disorder, has been manifested by no more than mild incomplete sciatic neuralgia in the left lower extremity and no disability of the right lower extremity. Therefore, the criteria for an initial rating above 10 percent have not been met.