Radiculopathy & sciatica decisions — 2011

The Veteran's claims for kyphosis, degenerative disc disease and degenerative facet joint disease of the thoracic spine and lumbar spine with radiculopathy; chronic obstructive pulmonary disease; pancreatitis secondary to hypertriglyceridemia; degenerative joint disease of the right hip; obstructive sleep apnea; and joint pain are being remanded for additional development.

The Veteran's claims for earlier effective dates for service connection are denied as the claims were received after one year from his discharge.

The Board finds that the Veteran's residuals of a lumbar injury at L4-L5 with radiculopathy are etiologically related to his period of ACDUTRA service in 1998, and grants service connection for this condition.

The Board denied the Veteran's claim for an extraschedular rating for his service-connected cervical spine disability, finding that there was no evidence of marked interference with employment or frequent periods of hospitalization due to the condition.

The Board has determined that the Veteran's current lumbosacral strain with sciatica is related to his active military service, and thus grants the claim for service connection.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining outstanding medical records. The Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected cervical spine disability is being considered.

The Board has determined that the Veteran's service-connected lumbar spine disc disease and associated right lower extremity radiculopathy result in a need for regular aid and attendance, warranting special monthly compensation. The Veteran is also eligible for specially adapted housing due to his use of a wheelchair.

The Board denied the Veteran's claim for service connection for left S1 radiculopathy, lumbar myositis, grade I spondylolisthesis, L5-S1, with associated bilateral spondylosis, degenerative joint disease of the lumbar spine.

The Veteran's service-connected left lower extremity radiculopathy was initially granted, but the Board found that a rating greater than 10 percent was not warranted prior to November 23, 2005.

The Veteran's claim for a higher rating in excess of 60 percent for chronic low back strain, intervertebral disc protrusion with bilateral radiculopathy is being remanded due to the need for additional development including an extraschedular evaluation and consideration of employment impact.

The appellant is seeking an earlier effective date for a separate disability rating of 40 percent for sciatic radiculopathy and left foot associated with degenerative disc disease. The RO has assigned the current effective date based on receipt of his claim, but he argues that it should be earlier due to CUE in prior decisions.

The Veteran's appeal for a higher rating for his lumbar spine disability was denied. The Board found that the evidence did not support a finding of ankylosis or any other condition warranting a higher rating than 20 percent. Service connection claims for cervical spine, urinary incontinence, and erectile dysfunction were also denied as there was no evidence linking these conditions to service or service-connected disabilities.

The Veteran's initial ratings for radiculopathy of the right and left lower extremities were granted, with separate 10 percent evaluations. The Veteran requested increased ratings, which were denied. The Board found that a higher rating was not warranted based on the current evidence.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's low back disability has been rated at 30 percent, but no more, based on symptoms including pain, spasms, stiffness, and forward flexion greater than 30 degrees. The claim for a higher rating is granted.

The Veteran's lumbar myositis was not rated higher than 10 percent between June 26, 2003 and July 6, 2008. From September 24, 2003, he received separate ratings for bilateral radiculopathy of the lower extremities at 10 percent each. However, his lumbar myositis was not rated higher than 40 percent from July 7, 2008.

The Veteran's spondylosis of the lumbar spine with degenerative disc disease and radiculopathy involving the right lower extremity are evaluated at a 20 percent rating.

The Veteran's TDIU claim was received on July 11, 1986. The effective date for his TDIU award is October 8, 1989, as it was factually ascertainable that he became unable to follow a substantially gainful occupation due to his service-connected low back disability starting from this date.

The Board has remanded this issue to the RO for further evidentiary development due to inadequate opinion regarding left lower extremity radiculopathy.

The Veteran's TDIU claim is being remanded for an additional VA examination to determine if his service-connected disabilities render him unemployable, and for further development of the record.