Radiculopathy & sciatica decisions — 2011

The Veteran's appeal is being remanded to obtain updated treatment records and for VA examinations to assess the severity of his service-connected spondylolisthesis, degenerative disk disease of the lumbosacral spine, and left lower extremity radiculopathy.

The Veteran's claims for service connection have been reopened and are granted. Service connection is established for a low back disorder, including sciatica of the bilateral lower extremities, and an acquired psychiatric disorder. However, there is no evidence to support her claim for hepatitis C or special monthly compensation based on anatomical loss of a creative organ.

The Board has determined that the Veteran's radiculopathy, right gluteus is proximately due to his service-connected DJD, lumbar spine and grants service connection for this condition.

The Board has determined that the Veteran's right arm and hand disability, diagnosed as neuropathy and radiculopathy, was incurred during service. The claim is granted.

The Veteran's lumbar spine disability is manifested by forward flexion to no more than 60 degrees with pain at 40 degrees, and he has experienced one incapacitating episode in the past year. The Board finds that a higher initial evaluation of 20 percent for degenerative disc disease of the lumbar spine with right-sided sciatica is warranted.

The Board denied the appellant's claims for increased ratings for his service-connected low back disability, finding that the evidence did not meet the criteria for a higher rating prior to August 22, 2006 and from August 22, 2006 onwards. The claim was also denied for separate ratings for lumbar radiculopathy.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied by the RO. The Board referred the matter back to the RO for further development, including obtaining a VA examination and updating the Veteran's address.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated medical records and scheduling VA examinations to assess the severity of his service-connected intervertebral disc extrusion with radiculopathy and left lower extremity radiculopathy.

The Veteran's lumbar spine disability was previously rated at 10 percent, and the RO increased it to 20 percent effective August 28, 2008. The rating is for his service-connected lumbar spine disorder only.

The Veteran's service-connected disabilities are not considered to be an employment handicap, and she is already employed in a suitable position. Therefore, additional vocational rehabilitation benefits under Chapter 31 have been denied.

The Board denied the Veteran's claim for service connection for lumbar radiculopathy, finding that there was insufficient evidence to establish a direct relationship between his current condition and his military service or service-connected right hip strain.

The Veteran's claims for higher initial evaluations and an earlier effective date for his radiculopathy of the left lower extremity have been denied. The current rating of 10% is appropriate since August 21, 2007.

The Veteran's appeal for increased ratings for his service-connected degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity was denied. The Veteran is currently rated at 20 percent for his lumbar spine disability, which does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected disabilities did not present such an exceptional or unusual disability picture affecting employment as to warrant consideration of unemployability on an extraschedular basis for the rating interval from January 14, 2004, through December 12, 2005.

The Veteran's right lumbar radiculopathy involving L5-S1 is currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5243. Separate evaluations of 10 percent each are assigned for right and left lower extremity radicular symptoms.

The Veteran's lumbar spondylosis and fusion (claimed as back injury) have been granted a 40 percent evaluation effective February 21, 2009. The right leg radiculopathy associated with the spine disability has been granted a 20 percent evaluation effective May 27, 2009. The left leg radiculopathy associated with the spine disability has been granted a 10 percent evaluation effective May 27, 2009.

The Veteran's service-connected lumbar strain is rated at 10 percent, and the Board denied his claims for left hip disability and sciatica. The evidence did not show sufficient impairment to warrant a higher rating.

The Veteran's appeals for service connection for stroke, high cholesterol (withdrawn), bilateral hearing loss, left and right carpal tunnel syndromes, low back disability with radiculopathy, depression, and SMC based on loss of use of a creative organ have all been denied. The Board has also dismissed the appeal regarding high cholesterol due to withdrawal.

The Veteran's service-connected lumbosacral spine disability and associated right lower extremity radiculopathy were evaluated at initial ratings of 10 percent prior to January 18, 2007, and 20 percent thereafter. The Board found that the evidence did not support higher initial ratings for these conditions.

The Veteran's appeal is being remanded for additional development, including examination of his cardiovascular and orthopedic conditions.