Radiculopathy & sciatica decisions — 2011

The Veteran's claim for service connection for right ear hearing loss was denied as his current level of hearing did not meet the criteria to be considered a disability under VA regulations. The claim for service connection for low back disorder was also denied.

The Board has restored a 20 percent rating for the Veteran's left lower extremity radiculopathy, effective February 10, 2011.

The Veteran's appeal includes claims for service connection and secondary service connection, as well as a claim of compensation benefits under 38 U.S.C.A. � 1151 due to medical treatment provided at a VA Medical Center beginning in September 2003.

The Veteran's service-connected sciatica of the right and left lower extremities are currently rated at 10 percent each, which is the maximum schedular rating available under Diagnostic Codes 8520 and 8599.

The Veteran's service-connected L5-S1 laminectomy with radiculopathy is currently rated at 10 percent, effective from July 19, 2007. The claim for a compensable rating prior to that date was granted.

The Veteran's claims for higher ratings and earlier effective dates were denied. The appeal is based on the denial of service connection for various conditions, including right knee limitations, instability, lumbar spine disabilities, and radiculopathies.

The Board has determined that the appellant does not have current disabilities of a posttraumatic subarachnoid hemorrhage or radiculopathy of sciatica of the right lower extremity, and therefore, service connection for these conditions is denied.

The Veteran's service-connected degenerative disc disease, lumbar spine, with L5-S1 annular tear and intervertebral disc syndrome of the sciatic nerve S1 are currently rated at 10 percent each. The Board finds that a higher rating is not warranted under the applicable schedular criteria.

The Board denied the appellant's claims for increased ratings and discontinuance of SMC based on loss of use of the right foot. The issues were related to PTSD, spinal stenosis with degenerative arthritis of the lumbar spine, and radiculopathy.

The Veteran's service-connected herniated disc at L5-S1 is not productive of ankylosis, incapacitating episodes, or associated objective neurological abnormalities other than the separately service-connected sciatica of the lower extremities. As such, his claim for a higher evaluation remains denied.

The Board has granted service connection for residuals of a broken nose, obstructive sleep apnea secondary to the broken nose, and low back condition with radiculopathy. The Veteran's low back condition is considered aggravated by his service-connected residuals of a broken nose.

The Veteran's claims for increased ratings and service connection have been granted, with specific evaluations assigned based on the severity of his disabilities. The TDIU claim is also granted.

The Veteran's claim for service connection for depression was granted effective October 9, 2007. The initial ratings assigned were 40 percent for left upper extremity radiculopathy and 20 percent for degenerative joint disease of the lumbar spine.

The Board has reopened the claims for service connection for a cervical spine disorder, tinnitus, headaches, sciatica, and ulnar nerve disorder. The Veteran's service-connected back pain syndrome with Grade 1 L5-S1 spondylolisthesis is granted an initial disability rating in excess of 30 percent.

The Veteran's service connection claim for left-sided sciatica is granted, and he is awarded a 10 percent initial rating for his left wrist ganglion cyst.

The Veteran seeks service connection for degenerative disc disease of the lumbar spine with moderate spondylosis and left side radiculopathy. The Board has determined that further development is needed to determine if his current DDD is related to service, including due to a back injury sustained while on active duty.

The Veteran's claim is being remanded for a new VA examination to determine the nature and etiology of his claimed bilateral wrist condition, which may be related to service or other factors.

The Veteran's appeal is being remanded for further evaluation of his lumbar spine disability and associated radiculopathy, as well as consideration of a TDIU claim. The case will be returned to the Board after these issues are addressed.

The Veteran's PTSD is rated at 70 percent, but the Board finds that he does not meet the criteria for specially adapted housing assistance or a special home adaptation grant due to his service-connected disabilities. The Veteran also does not qualify for special monthly compensation based on being housebound as he does not have a single, permanent service-connected disability rated at 100% disabling and additional service-connected disability or disabilities independently valued as 60% or more disabling. His PTSD is currently evaluated at the highest possible rating of 70 percent.

The Veteran's claim for secondary service connection for right lower extremity radiculopathy is being remanded due to the need for a new VA examination.