Radiculopathy & sciatica decisions — 2012

The Veteran's claim for an earlier effective date for a separate 40 percent disability rating for sciatic radiculopathy of the left lower extremity and left foot associated with degenerative disc disease of the lumbosacral spine was granted, based on his May 2004 VA examination findings.

The Board finds that the Veteran's service-connected lumbar spine, left sciatic neuritis, and cervical spine disabilities did not cause or contribute to his death. The conditions causing his death (septic shock and pneumonia) are not related to his service or service-connected disabilities.

The Veteran's back disability and radiculopathy of the lower extremities have been rated based on their service-connected status, with a 40% rating for the lumbar spine effective January 14, 2009.

The Veteran's unauthorized private medical expenses incurred on May 29, 2008 for low back pain and left lower extremity radiculopathy were found to meet the criteria for payment or reimbursement due to the absence of preauthorization by VA and the need for immediate emergency care.

The Veteran's appeal involves the effective date for a TDIU rating, which was granted in July 2006 but with an effective date of October 14, 2008. The Board is now considering whether to grant a TDIU rating prior to this effective date based on evidence showing the Veteran was unemployable due to his service-connected disabilities.

The Veteran's lumbar strain is not rated higher than 40 percent, and his left lower extremity radiculopathy was granted a 20 percent initial evaluation effective January 26, 2009.

The Veteran's lumbar spine disability with sciatic nerve injury has been granted a higher evaluation from August 2, 2010.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic code.

The Board granted service connection for bilateral pes planus and higher initial disability ratings for chronic left foot and ankle strain, degenerative joint disease of the left knee, herniated lumbar disc with radiculopathy, and degenerative joint disease of the right shoulder. The Veteran's claims for service connection for bilateral pes planus are addressed in the REMAND portion of this decision.

The Veteran's service-connected degenerative disc disease of the lumbar spine with arthritis, status post lumbar laminectomy, is currently rated at 40 percent and does not meet criteria for a higher rating. The Veteran's L-4 radiculopathy of the left and right lower extremities are each rated at 10 percent.

The Veteran's claim for a TDIU, to include on an extra-schedular basis, is being remanded due to the need for additional development and consideration of new evidence.

The Veteran's radiculopathy of the RUE was granted a rating of 30 percent effective March 10, 2011. The LUE received a 20 percent rating effective that same date.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 14, 2005. He also received separate ratings for radiculopathy of the left and right lower extremities.

The Board has granted service connection for a low back disability, left ankle disability, and urinary/bowel incontinence. The Veteran's sinusitis and pes cavus are not directly related to his military service.

The Veteran's cervical spine disability, with associated bilateral upper extremity radiculopathy, has not met the criteria for an evaluation in excess of 40 percent since January 8, 2008.

The Veteran's appeal involves multiple claims for increased ratings and effective dates, as well as a claim for TDIU. The Board has determined that additional development is needed to ensure all relevant evidence is considered in the decision-making process.

The Board has determined that the Veteran's current musculoskeletal disabilities, including left foot disability, low back disability, neck disability, left leg disability (including radiculopathy), left ankle disability, bilateral shoulder disability, bilateral elbow disability, and bilateral hand disability are related to a motor vehicle accident during service. As such, these conditions have been granted as service-connected.

The Veteran's TDIU claim is being remanded for further consideration, including an evaluation of his employability due to service-connected disabilities. The case will be referred to the Compensation and Pension Service for extra-schedular consideration.

The Veteran's service-connected disabilities do not preclude him from securing and maintaining some form of substantially gainful employment.

The Veteran's TDIU claim is granted prior to July 28, 2009. Claims for service connection have been reopened and direct service connection has been established for a left hand disability.