Radiculopathy & sciatica decisions — 2010

The Veteran was granted service connection for radiculopathy of the right and left lower extremities with an effective date of December 2, 2008.,An increased rating for arthritis of the lumbar spine was granted by the RO in December 2008.

The Veteran's service-connected disabilities, including severe back pain and limited mobility, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU rating are met.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of his claims for TDIU.

The Veteran's lumbar radiculopathy of the right lower extremity is found to be related to his service-connected lumbar spine degenerative disc disease, and thus granted service connection. The cervical radiculopathy of the bilateral arms was not addressed due to a lack of evidence.

The Board has determined that the Veteran does not have a right leg/hip/foot disability manifested by sciatica separate from his service-connected low back condition, and therefore denies service connection for this claim.

The Veteran's appeal for service connection for carpal tunnel syndrome of the left hand and wrist has been withdrawn.

The Veteran's claim for an earlier effective date for TDIU benefits was denied as there is no evidence of unemployability prior to December 13, 2007. The RO found that the Veteran did not meet the schedular criteria for a TDIU before this date.

The Board has granted an initial rating of 10 percent for service-connected sciatica of the right leg, effective March 9, 2005. The Veteran's claim for an earlier effective date was also granted.

The Board has remanded the case for additional development, including obtaining VA treatment records and determining whether the Veteran is in receipt of Social Security Administration (SSA) disability benefits. The Veteran's service-connected disabilities are considered to determine if they render him unemployable.

The Veteran's claims for increased ratings are being remanded to allow for additional development of his medical records and a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and attempting to obtain medical records. The issues include seeking higher evaluations for his service-connected intervertebral disc syndrome with degenerative arthritis and left hip sciatic nerve impingement, as well as TDIU.

The Veteran's appeals for increased disability ratings on his service-connected gunshot wound of the left buttock, degenerative disc disease of the thoracolumbar spine with osteoarthritis of the sacroiliac joint, and degenerative joint disease of the left hip have been dismissed due to withdrawal by the Veteran.

The Board has denied the Veteran's claims of service connection for right Achilles tendonitis, bilateral plantar fasciitis and calcaneal spurs, headaches, and sciatica due to lack of evidence showing chronic conditions during or within one year after service.

The Veteran withdrew his appeal regarding the propriety of apportionment of VA benefits, and thus the Board does not have jurisdiction to review it.

The Veteran's low back disability is rated at 40 percent, effective May 1, 2008. His right wrist fracture is rated at 10 percent.

The Board has remanded the case due to incomplete development and for consideration of extraschedular TDIU criteria.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his claimed conditions.

The Veteran's low back disability is rated at a combined 30 percent, with a separate 10 percent rating for associated radiculopathy of the right lower extremity. The initial higher rating for the low back disability has been granted.

The Board denied the Veteran's claims for increased ratings for his radiculopathy of the left lower extremity, finding that prior to March 20, 2006, there was no evidence of compensable paralysis. As of March 20, 2006, the disability did not warrant a rating in excess of 20 percent.

The Veteran's claim for a higher rating for his service-connected lumbar disc surgery with radiculopathy, bilateral lower extremities is being remanded due to the need for a new examination.