Radiculopathy & sciatica decisions — 2012

The Veteran's hepatitis, bilateral hearing loss, and other conditions are all found to be related to his service. The Veteran is granted service connection for these conditions.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to January 1, 2002. Therefore, an earlier effective date for the grant of individual employability is denied.

The Veteran's lumbar spine disability resulted in a 40 percent evaluation, effective September 1, 2010. The right leg and left lower extremity radiculopathy associated with the lumbar spine disability were each rated at 10 percent prior to September 1, 2010.

The Veteran's low back disability was granted a higher rating of 60 percent effective March 14, 2012.,His associated radiculopathy of the right lower extremity received a higher rating of 20 percent effective March 14, 2012. The left lower extremity radiculopathy continues to be rated at 10 percent.

The Veteran's appeal is remanded for further development, including obtaining a VA examination to assess the current nature and severity of his cervical and lumbar spine degenerative disc disease, right upper extremity radiculopathy, and chronic dermatitis.

The Board has determined that the Veteran's service-connected PTSD caused his alcohol/drug abuse, which in turn contributed to his fatal pancreatic cancer. Therefore, service connection for cause of death is granted.

The Veteran's right S1 radiculopathy results in mild sciatic nerve disability, warranting a 10 percent rating.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status was denied as he does not meet the eligibility requirements due to his service-connected disabilities.

The Veteran's left upper extremity radiculopathy has been rated at 10 percent since August 25, 2005. The claims for earlier effective dates and increased ratings have been granted.

The Veteran's appeals for higher initial evaluations in excess of 30 percent for his service-connected chronic cervical strain with decrease in joint space at C6-7 and left upper extremity radiculopathy have been dismissed due to the appellant's withdrawal of these claims.

The Veteran's TDIU claim is being remanded for additional development, including obtaining SSA records and a VA examination to assess his employability due to service-connected disabilities.

The Veteran's claims for increased ratings for his service-connected lumbar spondylosis with spinal stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded due to the need for additional development of the record.

The Veteran's service-connected disabilities do not prevent her from securing and maintaining substantially gainful employment.

The Veteran's service-connected lumbar spine disability, initially rated at 10 percent from October 28, 2008, was increased to 40 percent effective March 22, 2012. The decision also granted separate ratings for right and left lower extremity radiculopathy with initial 20% evaluations each.

The Veteran's appeal has been withdrawn by the Veteran himself, resulting in the dismissal of his appeal.

The Veteran's claims for service connection for a bowel disorder, left lower sciatic pain, and increased ratings for lumbosacral strain were denied. The Board granted an effective date of September 13, 2004, for the grant of service connection for major depression.

The Veteran is entitled to a separate rating of 20 percent for left lower extremity radiculopathy effective November 22, 2002.

The Veteran's DDD of the lumbar spine with left lower extremity radiculopathy has not met the criteria for an evaluation in excess of 40 percent.

The Veteran's back disability is rated at 20 percent, and his radiculopathy of the right lower extremity was granted a noncompensable rating. The left lower extremity radiculopathy received a compensable (10%) rating as of April 14, 2012.

The Veteran's cervical spine disability is currently rated at 20 percent, and a separate rating for left upper extremity radiculopathy has been granted.