Radiculopathy & sciatica decisions — 2012

The Veteran's service-connected intervertebral disc syndrome with degenerative disc disease, lumbar spine and radiculopathy of the right and left lower extremities have been rated based on their severity. The current ratings are in line with the evidence provided.

The Board found that the Veteran's fall on March 13, 2003 was due to willful misconduct resulting from alcohol intoxication and not service connection.

The Veteran's thoracolumbar spine disability is rated at 40 percent effective May 6, 2009. The appeal for a higher evaluation remains pending.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU should be granted.

The Veteran's appeal has been withdrawn due to the receipt of a signed 'Appeals Satisfaction Notice' acknowledging his awards and requesting withdrawal of all remaining issues on appeal.

The Board denied the Veteran's claims of entitlement to service connection for radiculopathy of the right leg and a sinus disability, finding that there was no current disability in either condition.

The Board denied the appellant's claim for increased evaluations of his lumbar and cervical spine disabilities, finding that the evidence did not meet the criteria for a higher rating.,No new or material evidence was presented to reopen the service connection claim for Legionnaire's disease.

The Veteran's left brachial plexus neuropraxia, now diagnosed as cervical radiculopathy, did not meet the criteria for an increased evaluation in excess of 20 percent prior to September 9, 2010.

The Board has remanded the case due to conflicting medical findings and a need for further clarification on whether the Veteran has lumbar radiculopathy into either or both lower extremities associated with his service-connected low back disability.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling VA examinations to assess his service-connected hemiparesis conditions.

The Veteran's service-connected disabilities, including obstructive sleep apnea, coronary artery disease, diabetes mellitus with diabetic retinopathy and cataracts, lumbar strain, diabetic peripheral neuropathy of the lower extremities, hypertension, and sciatic radiculopathy, require him to use a wheelchair for mobility. As such, he is eligible for specially adapted housing.

The Board has determined that the Veteran's right side sciatica, assessed as sciatica, was incurred in service and granted service connection for this condition.

The Veteran's claim for an increased rating for his service-connected left S1 lumbar radiculopathy was denied as the evidence did not show that his disability warranted a higher than 10 percent rating.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no evidence of a current disability. The claims for service connection for lumbosacral spine disability, lower extremity radiculopathy (claimed as secondary to the lumbosacral spine disability), and erectile dysfunction are being remanded due to the need for additional development.

The Veteran's claims for higher initial ratings for his low back disability and associated lower extremity radiculopathy were denied. The Board found that the evidence did not warrant a rating higher than 30 percent for the low back disability or higher than 10 percent for the associated radiculopathy.

The Veteran's claim for an increased rating for his service-connected spondylolisthesis of the lumbosacral spine was granted, with a 20 percent disability rating effective from April 23, 1991. The claim for TDIU prior to June 23, 2010, remains pending.

The Veteran's lumbar spine disability was granted a 10 percent rating from July 27, 2007 to May 10, 2009. Since then, he is entitled to a separate 10 percent rating for left lower extremity radiculopathy.

The Veteran's degenerative arthritis of the lumbar spine, with history of L5-S1 herniated nucleus pulposus (HNP), is productive of 30 degrees or less of forward flexion and warrants a 40 percent evaluation.

The Veteran's claim for service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral strain was denied. His claim for an increased rating for lumbosacral strain was granted, with a current rating of 20%. The TDIU claim is pending.

The Veteran's service-connected lumbar disc disease with associated radiculopathy is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5242. The Board finds that a higher rating is not warranted as there is no evidence of unfavorable ankylosis or favorable ankylosis.