Radiculopathy & sciatica decisions — 2012

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher disability ratings or service connection.

The Veteran's service-connected lumbar diskectomy with L4-5 fusion and right lower extremity radiculopathy are currently rated at the highest available disability ratings, and no further increase is warranted.

The Veteran's claim for service connection for a sciatic nerve disability, characterized by symptoms to include numbness, pain, giving way and tingling of the legs is being remanded due to the need for additional development including obtaining medical records and scheduling a VA examination.

The Veteran's low back strain and radiculopathy of the left lower extremity have been granted increased evaluations, with the low back strain receiving a 20% rating.

The Board denied the Veteran's claim for service connection for a back disorder, finding that her Scheuermann's kyphosis and/or defect of the posterior elements of S1 pre-existed service. The other back disorders were not shown to have been incurred or aggravated during service.

The Board has remanded the case for additional development, including obtaining SSA records and private treatment records. The Veteran's depression claim is being reopened as new evidence was submitted. A VA examination is needed to assess the current severity of his low back and left lower extremity radiculopathy disabilities.

The Veteran's claims for service connection for various musculoskeletal and neurologic disabilities, including hip disability, low back disability, peripheral neuropathy/radiculopathy of the lower extremities, neck disability, bilateral knee disability, cervical radiculopathy, right thumb sprain residuals, left ankle sprain residuals, and dermatitis have been denied. The Veteran's service-connected left ankle disability is not considered to be a proximate cause of these disabilities.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board denied the Veteran's claims for service connection for fibromyalgia, conjunctivitis, lumbar strain and spinal degenerative arthritis, sinusitis, hypertension, bronchitis, cervical degenerative arthritis with spondylosis with right arm radiculopathy, and degenerative arthritis of the arms, wrists, and hands. The Board found that there was no evidence of these conditions during service or within one year after separation.

The Veteran's service-connected disabilities, including a mood disorder, degenerative joint and disc disease of the lumbar spine, bilateral hearing loss, left lower extremity radiculopathy, and bilateral tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for TDIU based on these service-connected disabilities.

The Board found that the evidence did not show actual improvement in the Veteran's service-connected thoracolumbar spine disability to warrant a reduction to a 10% rating, and thus denied the reduction.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to provide the Veteran with a VA examination to address the nature and etiology of his low back and neck disabilities.

The Board found that the Veteran's disorders of the knees, legs, and hips are not secondary to his service-connected lumbosacral strain.

The Veteran's service-connected disabilities do not render him unemployable on an extraschedular basis, as his combined rating is at least 40% and he has the ability to engage in sedentary employment.

The Veteran's degenerative disc disease of the lumbar spine and associated right lower extremity radiculopathy are rated at 40 percent since November 9, 2009.

The Veteran's appeal for increased ratings and TDIU was dismissed as he withdrew his appeal seeking an initial rating in excess of 10 percent for mechanical low back syndrome with degenerative changes of the lumbosacral spine prior to June 27, 2011 and a rating greater than 40 percent from June 27, 2011.

The Veteran's combined rating is 60 percent, which does not meet the criteria for a total disability rating under 38 C.F.R. § 4.16(a). The VA examiner found that his service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities, namely bilateral pes planus with plantar fasciitis and degenerative changes at the metatarsal joints; lumbosacral strain with degenerative joint and disc disease associated with bilateral pes planus with plantar fasciitis and degenerative changes at the metatarsal joints; and radiculopathy, right L 5 associated with lumbosacral strain with degenerative joint and disc disease have been of sufficient severity to produce unemployability throughout the appeal period.

The Veteran's claims for increased ratings and TDIU were denied. The initial rating of 10 percent for degenerative disc disease of the lumbar spine was maintained, while a separate 10 percent rating for left lower radiculopathy was granted.