Radiculopathy & sciatica decisions — 2011

The Veteran's claim of entitlement to a total disability rating on the basis of individual unemployability due to service-connected disabilities has been remanded for additional development, including referral to the Director of Compensation and Pension Service for extraschedular consideration.

The Veteran's appeal is being remanded for additional development, including obtaining his vocational rehabilitation folder and Social Security Administration records. A VA general medical examination will also be conducted to assess the impact of service-connected disabilities on employment.

The Board has remanded the case for further development, including a supplemental opinion from the VA examiner regarding the September 2006 physician's statement and whether the Veteran's neurological symptoms are secondarily related to his service-connected low back disability.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 29, 2010. His cervical spine disability and radiculopathy of the left lower extremity are both rated at 30 percent, also effective June 29, 2010.

The Board denied service connection for low back disability, right leg radiculopathy, and right hip radiculopathy as the evidence did not support a nexus to service.

The Veteran's claim for a higher rating for his lower back disability, including the left sciatic nerve condition and sleep apnea, was granted. The effective date is not specified.

The Veteran's claim for an initial compensable evaluation for deep vein thrombosis of the right leg was denied. The Board found that his symptoms did not meet the criteria for a higher rating under the applicable VA rating code.

The Veteran's lumbar spine disability and left foot radiculopathy are currently rated at 10 percent each, with no higher ratings warranted based on the current evidence.

The Veteran is entitled to a TDIU for the period since May 19, 2010 due to his service-connected disabilities. The issue of entitlement to a TDIU prior to that date is moot as he has been in receipt of a temporary total rating for prostate cancer.

The Veteran's appeal concerning the issue of entitlement to an increased rating for a lumbar spine disability has been withdrawn. The claim for an increased initial rating for left leg sciatica is remanded for additional development.

The Veteran's service-connected degenerative joint disease with lumbar stenosis and radiculopathy of the right lower extremity were granted initial evaluations. The lumbosacral spine disability was rated at 20 percent, effective from September 24, 2007.

The Veteran's sciatica of the lower extremities, bilaterally, is now rated at 40 percent as of May 4, 2010. Prior to this date, his disability was rated at 20 percent for each leg.

The Board has determined that the Veteran's left knee and sciatic nerve disorders are not related to her active service, and thus denied both claims.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Veteran's left knee disability is rated at 30 percent from June 1, 2010. The issue of entitlement to a separate evaluation for left knee numbness has been added.

The Board denied reopening the claim of service connection for tremors of the lower extremities and denied entitlement to service connection for residuals of a cervical discectomy with radiculopathy of the upper right extremity. The Veteran's leg trembling was potentially related to frostbite sustained during military service, but no additional medical evidence has been provided to establish an etiological link.

The Veteran's low back disability was initially granted with a 10 percent rating from June 1, 2006 to November 8, 2006 for lumbosacral strain and separate ratings of 10 percent each for left and right sciatic neuropathy. Since December 1, 2010, the Veteran's disability has not met the criteria for a higher rating.

The Veteran's low back disability is currently rated at 40 percent, which includes the L4-L5 disc space narrowing. Separate ratings of 10 percent each are assigned for right and left lower extremity radiculopathy.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his workers compensation records.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development and examination.