Radiculopathy & sciatica decisions — 2010

The Veteran's appeal for increased ratings and service connection was denied. The cervical radiculopathy of the right upper extremity is rated at 20 percent, but no compensable rating can be assigned due to lack of limitation of motion. Service connection for a left toe condition is not granted.

The Veteran's lumbar disc disease does not meet the criteria for a higher disability evaluation, as it does not result in limitation of forward flexion to 30 degrees or less, nor does it involve favorable ankylosis of the entire thoracolumbar spine.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine with a history of myositis and associated sciatica was granted, with a final effective date of December 6, 2006. The Veteran is now rated at 40 percent for his low back disability.

The Veteran's intervertebral disc syndrome and left sciatica were initially rated at 10 percent prior to June 18, 2009. From that date, the rating was increased to 20 percent.,The Veteran's sciatica of the left lower extremity has been rated at 10 percent since June 18, 2009.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations, treatment records review, and development of his service personnel records.

The Board denied an initial evaluation in excess of 40 percent for the Veteran's service-connected lumbar strain with degenerative changes.

The Veteran's appeal includes a request for an initial rating in excess of 20 percent for his service-connected lumbar spine disability and a challenge to the apportionment of his initial rating. The case is being remanded due to issues related to both these claims.

The Board has remanded the case due to scheduling issues for a videoconference hearing. The Veteran's claims of reopening service connection and severing right ear hearing loss are pending.

The Veteran's service-connected myxopapillary ependymoma and associated radiculopathy were evaluated, with a combined rating of 70 percent. The issues regarding the left and right lower extremities' radiculopathy have been denied.

The Board has determined that the Veteran's current cervical, thoracic, and lumbar spine disabilities are related to his period of military service.

The Board found that the Veteran's current back disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his lumbar spine disability and an evaluation of whether he is unemployable due to service-connected disabilities.

The Veteran's low back disorder is rated at 40 percent prior to September 29, 2008 and 40 percent thereafter. The right lumbar radiculopathy is rated at 20 percent. PTSD is rated at 30 percent prior to August 14, 2007.,The Veteran's hemorrhoids are not compensable.

The Veteran's appeal has been withdrawn due to the request for withdrawal of the appeal.

The Veteran's service-connected disabilities, including enucleation of the right eye, degenerative joint disease of the neck with radiculopathy, nonpsychotic organic syndrome with brain trauma, conjunctivitis, and a disfiguring scar of the face, are found to be severe enough to prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's lumbar strain with radiculopathy is currently rated at 20 percent, and the Board finds that this rating is not sufficient to reflect his current disability level. His right knee strain with internal derangement is also rated at 10 percent.

The Board denied the Veteran's claims for service connection for low back disorder, sciatica of the right lower extremity, and sciatica of the left lower extremity due to a lack of evidence showing these conditions were incurred during active military service.

The Board has granted service connection for the Veteran's degenerative disc disease of the thoracolumbar spine with spondylosis and radiculopathy, finding that it was incurred in active service. The cervical spine issue remains pending.

The Veteran's appeal is being remanded for further development, including obtaining SSA disability determination records and considering extra-schedular evaluations.

The Veteran's claim for service connection for radiculopathy of the lower extremities, which is claimed to be related to his service-connected thoracolumbar strain, has been remanded due to a need for additional evidence and an examination.