Radiculopathy & sciatica decisions — 2012

The Board has determined that the effective date for service connection of degenerative disc disease of the lumbar spine should be July 30, 2001. The Veteran's petition to reopen his claim was received on this date and new evidence was submitted within the 60-day appeal period.

The Veteran's right knee disability has been rated as 20 percent disabling from September 1, 1999; 100 percent disabling from April 17, 2009; 20 percent disabling from June 1, 2009; 100 percent disabling from May 6, 2010; and 30 percent disabling from August 1, 2011. The Veteran's right knee disability has not resulted in functional loss consistent with or comparable to limitation of motion of the leg to 60 degrees on flexion or to 5 degrees on extension.

The Board has determined that the Veteran does not have current disabilities for the claimed conditions and therefore, service connection is denied.

Service connection for sciatica is granted.,An initial rating of 20 percent for the service-connected low back strain with disc disease is granted.

The Veteran's right-sided radiculopathy has been rated at 20 percent since July 26, 2004. The Board found that the condition more nearly approximates moderate incomplete paralysis of the sciatic nerve.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and records, addressing the TDIU claim, and ensuring proper duty-to-assist notice has been provided.

The Veteran's left distal tibia/fibula fracture residuals are currently rated as 10 percent disabling. The evidence does not support a higher rating.,The Veteran's service-connected left lower extremity sciatica is currently rated as 10 percent disabling. The evidence does not support a higher rating.,For the period from September 22, 2005 to February 20, 2006 and from May 5, 2006 to June 14, 2009, the Veteran's thoracolumbar spine disability is rated as 10 percent disabling. For the period from February 21, 2006 to May 4, 2006, a 20 percent rating is warranted due to guarding severe enough to result in abnormal gait.,For the portion of the period from June 15, 2009 forward, a 20 percent rating is warranted for the Veteran's thoracolumbar spine disability.

The Board has determined that the Veteran's right and left lower extremity radiculopathy with neurogenic claudication warrants a separate 20 percent rating each, based on moderate incomplete paralysis of the sciatic nerve.

The Veteran's claim for additional compensation for a dependent student daughter was denied as he was not eligible for concurrent receipt of military retired pay and VA disability compensation until August 8, 2007. The benefits were withheld from March 1, 2007 through April 30, 2008 due to his concurrent receipt of military retired pay and VA compensation.

The Veteran's lumbar spine disability is rated at 40 percent, the maximum available under VA regulations. The ratings for radiculopathy in both lower extremities and left foot disability are maintained at their current levels.

The Board has remanded the case for further development, including obtaining medical records and an orthopedic examination to determine if the Veteran's current low back disabilities are related to his military service.

The Veteran's S1 radiculopathy on the left side associated with herniated nucleus pulposus of L5-S1 is currently rated at 40 percent from August 4, 2010. The Board finds that this rating is appropriate based on the medical evidence showing moderate to severe neurological impairment in the left lower extremity.

The Veteran's claim for a compensable rating for residuals of hernia repair with right ilio-inguinal neuropathy was granted. The Board also found new and material evidence to reopen the previously denied low back disorder claim, but did not address service connection for arthritis, head trauma, or sciatica.

The Veteran's lumbosacral strain and associated radiculopathy of the right lower extremity were granted increased ratings, with a combined evaluation of 20 percent effective from November 4, 2010.

The Board has denied the reopening of a claim for service connection for residuals of back injury with sciatica, finding that new and material evidence has not been presented to support the claim.

The Veteran's hypertension is granted service connection and rated at the 10% level. His radiculopathy of the left lower extremity is also granted service connection but remains at a 10% rating.

The Board has remanded the claims of service connection for various disabilities, including kidney disability, bilateral hearing loss, cervical spine disability, head injury residuals, left clavicle injury residuals, low back disability, and sciatica. The appeal is not about service connection at all.

The Veteran's claims for increased ratings and service connection were denied. The appeal is not about service connection at all, e.g., a clothing allowance or fee dispute.

The Veteran's service-connected lumbosacral strain and radiculopathy of the lower extremities have rendered him unable to secure or maintain substantially gainful employment, with all doubts resolved in his favor.

The Veteran's low back disability is rated at 20 percent, and his left lower extremity radiculopathy is rated at 10 percent. The Board denied the claims for increased ratings and initial evaluations.