Radiculopathy & sciatica decisions — 2012

The Veteran's appeal is being remanded for further development and a hearing before the Board of Veterans' Appeals.

The Veteran's appeal has been withdrawn, and the issues have been dismissed.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims. The issues include service connection for sciatica, initial evaluations for bilateral hearing loss disability, and hypertension.

The Veteran's claim for a separate rating for left lower extremity radiculopathy as part of his service-connected degenerative disc disease of the lumbar spine is granted, with an effective date of May 17, 2007.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy were granted, with the effective date being October 2001. The initial rating of 10% was maintained throughout the appeal period.

The Veteran's radiculopathy of the right lower extremity is currently rated at 10 percent, which reflects a mild level of incomplete paralysis. The Veteran's migraine headaches do not manifest as prostrating attacks.

The Veteran's service-connected lumbar spine disability and right leg radiculopathy have been rated, but the claims for higher ratings are denied as they do not meet the criteria for a rating in excess of 10 percent prior to September 17, 2010, and in excess of 20 percent thereafter.

The Veteran's appeal for increases in the 'staged' ratings assigned for his lumbosacral strain with radiculopathy has been dismissed due to his failure to provide necessary identifying information and releases for critical evidence needed to properly adjudicate his claim.

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

The Veteran's lumbosacral strain with arthritis and radiculopathy is rated at 20 percent, effective October 8, 1953. He also receives separate 10 percent ratings for neurological impairment of the right and left lower extremities.

The Board has vacated its January 2012 decision denying service connection for a psychiatric disorder, including PTSD. The Veteran's radiculopathy of the right lower extremity is currently rated noncompensably disabling.

The Veteran's appeal is remanded for further development, including a comprehensive VA examination to determine the etiology of any current left shoulder disability and whether it is at least as likely as not caused or worsened by service-connected residuals of a crush injury to the left hand/fingers.

The Veteran's claims for increased evaluations for his service-connected degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity are being remanded due to the need for additional medical evidence and a new VA examination.

The Board found that an increase in the Veteran's left lower extremity radiculopathy occurred on June 24, 2003. The effective date for the award of service connection and a separate rating for intermittent radiculopathy of the left lower extremity is set at August 12, 2003.

The Board has determined that the Veteran does not have a right foot calcaneal spur, and his upper extremity radiculopathy is not related to service-connected cervical strain. Therefore, he is denied these claims.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, and his right lower extremity radiculopathy warrants a separate 10 percent rating.

The Veteran's appeal is being remanded for a VA examination to determine his ability to work due to service-connected disabilities, and for further adjudication.

The Veteran's claims for service connection for cervical spine disorder, right and left lower extremity radiculopathy are being remanded due to the need for additional development. The effective dates for service connection of right and left lower extremity radiculopathy remain pending.

The Veteran's service-connected radiculopathy of the right and left lower extremities has resulted in disability tantamount to no worse than mild incomplete paralysis of the sciatic nerve since September 23, 2002. The Board finds that a rating in excess of 10 percent is not warranted.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's radiculopathy of the lower extremities is caused or aggravated by his service-connected thoracolumbar spine disability.