Radiculopathy & sciatica decisions — 2011

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for an appropriate examination to assess the impact of his service-connected conditions on his employability.

The Board denied service connection for an acquired psychiatric disorder including depression, but granted service connection for right hip sciatica as a symptom of the already service-connected lumbar spine condition. The Veteran's current symptoms are not considered separate disabilities.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's initial compensable ratings for dystrophic toenail disability of the left great toe and C-7 radiculopathy of the left upper extremity have been granted. The effective date is not specified as it was a new rating assigned.

The Board has remanded the case due to issues not being properly addressed, including a claim for service connection for a low back disability which is inextricably intertwined with the right leg condition. The Veteran's claims are now pending again.

The Veteran's radiculopathy has been rated as 10 percent disabling. The Board finds that the evidence does not support a higher rating during the appeal period.

The Veteran's claims for an effective date earlier than May 10, 1989 for a rating of 60 percent for herniated nucleus pulposus with sciatica and for a total disability rating based on individual unemployability were denied.,The claim for a higher rating before May 10, 1989 was also denied.

The Veteran's appeal is remanded for additional development, including a new VA examination and consideration of her entitlement to TDIU.

The Veteran's service-connected low back disability is rated at 40 percent disabling, effective October 15, 2007. The claim for an increased rating for the lumbar degenerative joint disease with chronic low back pain was denied. The initial rating in excess of 20 percent for sensory radiculopathy S1 dermatome was also denied.

The Veteran's appeal for an effective date prior to September 2008 for the grant of service connection for radiculopathy and left great toe paresthesia as secondary to lumbar DDD is granted. The appeals for reinstatement of withdrawn claims for pneumonia, sinus disorder, and secondary service connection for a repolarization disorder are denied. The appeal for service connection for bilateral shoulder disability remains pending due to the receipt of new and material evidence. The appeal for an initial rating in excess of 10% for lumbar DDD is denied.

The Board has remanded the case due to incomplete STRs and the need for an adequate examination.

The Veteran's appeal is being remanded for additional examinations and to obtain VA treatment records. The claims will be reviewed again after these actions are completed.

The Veteran's claims for increased ratings and earlier effective dates were denied. The RO granted a 20 percent rating for low back disability and left lower extremity radiculopathy, effective from April 10, 2007, but later granted an earlier effective date of August 10, 2006.

The Veteran's claims for an increased evaluation for his degenerative lumbar spine disease and TDIU are being remanded due to the need for additional development, including a VA examination.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability, right foot disability (to include arthritis), left foot disability (to include arthritis), chronic neuropathy of the lower extremities, and low back disability. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Veteran's service-connected right lateral herniated disc with encroachment of the neural foramina and L5-S1 bulging disc is rated at 20 percent from August 25, 2005 to May 1, 2008, and at 40 percent thereafter.,The Veteran's service-connected right lateral herniated disc with encroachment of the neural foramina and L5-S1 bulging disc is rated at 20 percent from May 1, 2008 onwards.,The Veteran's service-connected right lumbar radiculopathy is rated at 20 percent since April 4, 2006.,The Veteran's service-connected left L4-L5 radiculopathy is rated at 10 percent prior to December 17, 2009 and at 20 percent thereafter.,The Veteran's service-connected bladder impairment associated with the right lateral herniated disc is rated at 40 percent as of December 23, 2009.,The Veteran's residuals of a facial wound are not compensable.

The Veteran's claim for an increased evaluation of his service-connected lumbar disc disease was denied by the Board. The disability is currently rated at 40 percent.

The Veteran's claim for TDIU due to service-connected disability is being remanded for additional development, including a new VA examination and evaluation by the Director of Compensation and Pension Service.

The Board has granted a TDIU effective June 16, 2008. The Veteran's service-connected disabilities are the primary reason for his inability to secure or follow substantially gainful employment.

The Veteran's service-connected musculoskeletal low back pain with sciatic neuropathy is currently rated at 20 percent, but the evidence does not support a higher rating.,Separate ratings of 10 percent each are assigned for neuropathy of the right and left lower extremities due to the service-connected low back disability.,The Veteran's irritable bowel syndrome and GERD do not meet the criteria for a separate rating in excess of 10 percent.,There is no evidence that the Veteran's anterior lipomas, fusion of the right foot and ankle, right leg reflex sympathetic dystrophy, chronic nerve pain of the right leg, or atrophy of the right leg are related to her service-connected low back disability or other service-connected conditions.,Service connection for these conditions cannot be established.