Radiculopathy & sciatica decisions — 2012

The Veteran's claims for increased evaluations for his service-connected lumbar spine disability and associated radiculopathy were denied. The Board found that the current ratings adequately reflected the severity of the disabilities.

The Veteran's claims for increased ratings for his degenerative intervertebral disc disease of the lumbar spine and right S-1 sensory radiculopathy were denied as they did not meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's lumbar spine disability is rated at 20 percent, and his left lower extremity radiculopathy secondary to the lumbar spine disability is rated separately. The claims for service connection for a cervical spine disability and bronchial condition are denied.

The Veteran's spinal stenosis of the lumbar spine is rated at 40 percent, and he also receives separate ratings for right lower extremity radiculopathy (20 percent) and left lower extremity radiculopathy (10 percent).

The Board denied the Veteran's claims for higher ratings for his radiculopathy of the left and right lower extremities, as well as a rating in excess of 40 percent for radiculopathy of the left lower extremity. The decision also addressed whether he was entitled to special monthly compensation (SMC) based on the need for aid and attendance due to service-connected disabilities.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and occupational experience.

The Board has determined that the Veteran's current periodontal disease and low back disorders are not due to disease or injury incurred in or aggravated by his active military service.

The Board has determined that the Veteran's current back disability and right shoulder disability are not related to his military service, and therefore denied both claims.

The Veteran's spondylolisthesis with lumbosacral strain, disc abnormalities, and radicular symptoms is currently rated at 40 percent. The Board finds no basis for a higher rating as the evidence does not demonstrate ankylosis or incapacitating episodes.,Service connection for a bilateral leg disability (lumbar radiculopathy) cannot be granted because there is no case or controversy concerning this issue.

The Veteran's lumbar spine disability is rated at 40 percent, effective from February 1, 2008. The right shoulder disability was initially rated as noncompensable prior to November 1, 2005 and has been rated at 30 percent since then.

The Veteran is in receipt of compensation for disabilities as if service-connected, but no disability has been established in fact. Therefore, he does not meet the criteria for basic eligibility for VA vocational rehabilitation services.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted service connection for chronic depression, but his other claims remain pending.

The Veteran's service-connected disabilities have been evaluated and the Board has granted a 10% evaluation for scars, right lower extremity associated with residuals of the right ankle. The Veteran is also entitled to TDIU due to his service-connected disabilities.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and conducting examinations.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The TDIU claim will also be addressed.

The Veteran's appeal is being remanded to the RO for further development and consideration of his claims, including addressing the issues on three distinct rating periods and the issue of TDIU prior to August 21, 2008.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a VA examination to determine the etiology of his right hand, right knee, bilateral hip disabilities, and bilateral lower extremity radiculopathy.

The Board finds that the Veteran's preexisting spondylolisthesis did not undergo a permanent increase in severity during active duty service and thus, his current back disability is not attributable to service.

The Veteran's claims for increased rating of lumbar spine disability and service connection for left ear hearing loss were denied. The claim for hypertension was also denied as it is not related to the service-connected lumbar spine condition.

The Board has reopened the Veteran's claim for service connection for cervical spine disability and granted it, as well as granting service connection for right upper extremity radiculopathy. The Veteran is now entitled to a higher initial evaluation of 10% for her left arm radiculopathy.