Radiculopathy & sciatica decisions — 2011

The Veteran's claim for an effective date prior to September 26, 2003 for the award of a separate evaluation for radiculopathy of the left upper extremity is granted. Effective as of September 23, 2002, he is entitled to a separate evaluation for this condition.

The Veteran's claims for increased ratings for lumbar spine intervertebral disc syndrome and right lower extremity sciatic nerve involvement are being remanded due to the need for additional examinations and consideration of new evidence.

The Board found that the Veteran's current back disability did not have its onset in service and is not related to an injury or disease incurred during active duty. As a result, service connection for this condition was denied.

The Veteran's TDIU was granted effective August 25, 2008, based on his service-connected back disability and radiculopathy of the lower extremities. The effective date for TDIU is set as of this date.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including evaluations for various joint conditions and a request for TDIU. The case is being remanded due to the Veteran requesting a personal appearance before the Board.

The Veteran's degenerative disc disease of the lumbar spine with radiculopathy is currently rated at 10 percent, which is in line with his current symptoms and examination findings.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. � 1151 is being remanded due to inadequate medical opinions regarding the etiology and proximate cause of his left leg pain following a hydrocelectomy in November 2002.

The Veteran's unauthorized medical expenses incurred at Methodist Hospital of Southern California from February 9, 2007 to February 17, 2007 are now covered by VA. The Veteran was stabilized for transfer to a VA facility but no beds were available until the date of his discharge.

The Veteran's PTSD is rated at 50% and his degenerative disc disease with neural foraminal stenosis on the right at L5-S1 is rated at 20%. The radiculopathy of the left leg is rated at 10%. These ratings are granted.

The Board has determined that the Veteran's current right shoulder rotator cuff tendonitis, upper back disorder, and residuals of a neck injury are not related to service.,There is no evidence showing these conditions were incurred or aggravated during active duty.

The Veteran's appeal is being remanded for further development, including VA examinations to assess his employability and the impact of his service-connected disabilities on his ability to work.

The Veteran's appeal is remanded to obtain evidence and evaluation to ascertain the current level of disability attributable to his lumbar spine disorder. The case should be remanded for a new examination to assess the nature, extent, frequency, and severity of his service-connected back disorder subsequent to his surgery.

The Veteran's degenerative disc disease and spondylosis, lumbosacral spine were rated at 40 percent effective from July 23, 2009. The Veteran's radiculopathy of the left lower extremity was also rated at 40 percent effective from January 29, 2010.

The Veteran's service-connected low back disability is found to be the primary cause of several secondary conditions, including sciatica, neuropathy of the feet and hands, decreased circulation in the feet and hands, restless leg syndrome, and a bilateral hip disability. The scars from his spine surgery are also recognized as related to this condition.

The Board found that the Veteran's currently diagnosed low back and left knee disabilities are not related to his service, and arthritis may not be presumed to have been incurred in service.

The Board has determined that the Veteran does not have a current disability manifested by an upper back and chest condition or left leg radiculopathy, which were incurred during service. As such, the claims for service connection are denied.

The Veteran's radiculopathy of the right hand and arm has been rated at 70 percent since June 30, 2008, which is the date he filed his original claim for service connection.

The Veteran's bilateral hearing loss, back condition, right and left leg sciatica, and chronic acquired psychiatric disorder are not service-connected.

The Veteran's appeal has been dismissed as the appellant withdrew their claims prior to a decision being made.

The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to November 12, 2003 was denied. The Board found that the predominant disability causing functional impairment in the lower extremities was diabetic peripheral neuropathy.