Radiculopathy & sciatica decisions — 2011

The Veteran's appeal for an extension of her temporary total disability rating beyond November 30, 2006, following lumbar hemilaminectomy surgery was denied. Her claims for reopening service connection for vision impairment, peripheral neuropathy of the left and right lower extremities, and PTSD were reopened.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including the provision of an updated VA examination and readjudication.

The Veteran's lumbar spine disability is not manifested by incapacitating episodes or unfavorable ankylosis of the entire thoracolumbar spine, and therefore, a rating in excess of 40 percent for her condition is denied.

The Board has remanded the Veteran's claims for increased ratings on an extraschedular basis due to additional development and adjudication of his TDIU claim.

The Veteran's right and left lower extremity radiculopathies have been rated at 40 percent each, the maximum available under the applicable rating criteria. The evidence does not show that his conditions warrant a higher evaluation.

The Veteran's service-connected chronic lumbar strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal is remanded for additional development, including a new VA examination and consideration of the TDIU claim. The claims will be re-adjudicated after these actions.

The Board denied the Veteran's claims for service connection for peripheral neuropathy/radiculopathy of the bilateral lower extremities, TMJ disability, and chronic sinusitis. The decision also denied his request to reopen these claims.

The Veteran's appeal is being remanded due to the need for additional examinations and records, as well as the issuance of a statement of the case on several service connection claims.

The Veteran's claim for an initial rating greater than 20 percent for degenerative disc disease of the lumbar spine and a separate 10 percent rating for radiculopathy of the right leg was denied. The primary issue is that his disability does not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has determined that the Veteran's claim for service connection for a low back disability, to include as secondary to his service-connected left hallux valgus with bunionectomy and proximal metatarsal crest osteotomy disability, requires additional development. The case is being remanded for further examination and opinion regarding the etiology of the Veteran's low back disability.

The Veteran's lumbar disc disease, status-post laminectomy, resulted in incapacitating episodes with a total duration of at least 6 weeks during the past 12 months. From August 19, 2008, he was granted an increased evaluation to 60 percent for this condition. Additionally, he received a separate 10 percent rating for sensory impairment of the right lower extremity due to lumbar disc disease and a 20 percent rating for urinary frequency due to service-connected lumbar disc disease.

The Veteran's claim for a total disability rating based on individual unemployability prior to August 22, 2006 is denied as the evidence does not show she was unable to secure and follow a substantially gainful occupation due to her service-connected disabilities.

The Board finds that the Veteran's chronic right leg sciatica and right foot disorder are related to his active service, and thus grants service connection for these conditions. The hearing loss claim is denied as there is no current disability meeting VA compensation criteria. For the entire initial rating period, the cervical spine disability does not meet the criteria for a higher than 10 percent rating.

The Veteran's appeal was denied for higher initial ratings and service connection claims. The right wrist disability is rated at the maximum available benefit, while other conditions have not been established as service-connected.

The Veteran's service connection claims for peripheral neuropathy and chloracne due to herbicide exposure are granted, but his claim for a TDIU is also granted. The Veteran currently has a 70% disability rating for PTSD.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and finds that new evidence supports this claim, finding that his current DDD with radiculopathy, urgency, and ED is of service origin.

The Board has determined that the Veteran's current cervical spine disorder is not related to his in-service motor vehicle accident and does not meet the criteria for service connection on a direct basis.

The Board has determined that the Veteran's cervical spine disability, right shoulder disability, and left hip disability are not related to service or any service-connected conditions.

The Veteran's service connection claim for bilateral hearing loss is granted, as the evidence supports a finding that his current hearing loss disability is related to military noise exposure. The issue of entitlement to an increased rating for his low back disability remains pending.