Radiculopathy & sciatica decisions — 2011

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and addressing the issues of increased ratings for his service-connected lumbar spine disability and neurological disorders, as well as TDIU.

The Veteran's lumbosacral strain with degenerative changes and associated left lower extremity radiculopathy are currently rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's service-connected lumbar fibromyositis with lumbosacral HNP at L5-S1 has been rated as 40 percent since December 4, 2006 and now increased to 60 percent effective from that date. The left S1 lumbar radiculopathy is also service-connected.

The Veteran's low back disability was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the recent revisions to 38 C.F.R. � 3.304(f)(3).

The Board has granted a 10 percent rating for the Veteran's retention cyst of the right maxillary sinus and an initial 10 percent rating for his radiculopathy of the left lower extremity, finding that these conditions meet the criteria under VA regulations.

The Veteran's service-connected migraine headaches are rated at the highest possible evaluation of 50 percent, and his service-connected lumbar spine stenosis is also granted a maximum rating. The radiculopathy of the right lower extremity has been granted a maximum rating as well.

The Veteran's claims for increased ratings for lumbosacral strain with disc disease and left lower extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities.

The Veteran's right upper extremity radiculopathy has been productive of mild incomplete paralysis of the ulnar nerve since May 20, 2005. The Board finds a 10 percent disability rating is warranted for this condition prior to July 29, 2009 and no higher.

The Veteran's death was caused by an accidental acute tramadol intoxication, which is related to his service-connected lumbar spine disability. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been continuously rated totally disabled for at least five years immediately prior to death.

The Board found that the Veteran's entitlement to a compensable evaluation for his service-connected right lower extremity radiculopathy did not arise prior to May 15, 2009. Therefore, the effective date for the grant of a 20% rating is set at May 15, 2009.

The Veteran's claims for increased ratings and TDIU were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case due to the need for additional development of medical records and examination.

The Board has found that the Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, warranting a TDIU on an extraschedular basis.

The Board has reopened the claim for service connection for a skin disorder and granted it, finding that new and material evidence had been submitted. Service connection is also granted for tinnitus. The remaining issues of service connection are addressed in the REMAND portion.

The Veteran's low back disability is now rated at 40 percent disabling, effective November 30, 2010. He also has a separate 10 percent evaluation for right lower extremity radiculopathy.

The Veteran's low back disability was rated at 10 percent prior to July 11, 2008 and increased to 20 percent beginning July 11, 2008. The rating for paresthesia and radiculitis associated with the service-connected lumbar spine condition is also granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the etiology of his claimed prostate cancer and throat disorder.

The Veteran's tinnitus claim is granted. The low back disability claim has been reopened, but the service connection for left L5 radiculopathy remains unclear due to lack of evidence.

The Veteran's claims for increased ratings for lumbar radiculopathy of the right and left lower extremities, as well as residuals of low back strain, were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.