Radiculopathy & sciatica decisions — 2012

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, and the Board grants a TDIU.

The Veteran's initial claim for higher ratings for his lumbar spine disability was denied as there were no findings meeting the criteria for a higher rating. However, he was granted separate compensable ratings for radiculopathy of the right and left lower extremities from January 27, 2012 onwards.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and VA examinations.

The Veteran's lumbosacral strain with radiculopathy to the left leg is currently rated at 20 percent, reflecting a moderate disability.

The Veteran has withdrawn his appeals for the initial increased ratings for low back strain with osteoarthritis and degenerative disc disease, rated as 20 percent disabling from October 22, 2004 to December 26, 2006, and as 40 percent disabling since December 27, 2006; and for radiculopathy with peripheral neuropathy of the right lower extremity, rated as 10 percent disabling from October 22, 2004 to May 19, 2008, as 20 percent disabling from May 20, 2008 to July 7, 2011, and as 40 percent disabling since July 8, 2011.

The Board has determined that the Veteran does not have a current disability of left wrist, right ankle, or sciatica due to service. The evidence does not support a finding of a qualifying chronic disability for any of these conditions.

The Veteran's PTSD was rated at 50% from February 9, 2009 to March 19, 2012 and in excess of 50% thereafter. The thoracolumbar strain with arthritis and disc disease warranted a 20% rating for the entire period on appeal. Left lower extremity radiculopathy was rated at 20% from November 1, 2010 to April 30, 2012 and in excess of 20% thereafter. The Veteran's service-connected disabilities did not render him unemployable.

The Veteran's appeal for a higher rating for dysthymic disorder was withdrawn.,His chronic orthopedic manifestations of service-connected mechanical low back pain with degenerative disc disease at L4-L5 are rated as 40 percent disabling.

The Board has determined that the Veteran does not have a low back disability or left lower extremity radiculopathy that is etiologically related to service. The preponderance of evidence is against finding any such relationship.

The Veteran's lumbar spine disability is rated at 20 percent effective June 30, 2010. The initial ratings for polyneuropathy of the upper extremities and impairment of sphincter control are granted but not yet assigned effective dates. Erectile dysfunction remains noncompensable.

The Veteran's cervical spine strain and lumbar spine disc herniation with radiculopathy of the left lower extremity are each rated at 30 percent, effective November 1, 2008. The Veteran's migraine headaches are rated as noncompensable.

The Board found that the appellant does not have sciatica and therefore denied his claim for service connection.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records and a full employment history.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected spinal disabilities.

The Veteran's appeal was denied as his service connection claim for lumbar spinal stenosis, status post laminectomies with radiculopathy and his initial rating claim for bilateral hearing loss were both denied.

The Veteran's service-connected disabilities (low back strain, left lower extremity radiculopathy, and major depressive disorder) render him unable to secure or follow a substantially gainful occupation.

The Veteran has withdrawn his appeals for increased disability ratings related to his service-connected low back disability and left leg radiculopathy.

The Veteran withdrew his appeal for increased ratings for chronic low back strain and left lower extremity radiculopathy before the Board could make a decision.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation as of September 27, 2007.

The Veteran's claims for higher ratings for spinal stenosis at L4-5 and radiculopathy of the left sciatic nerve were denied as her conditions did not meet the criteria for a higher rating under applicable VA regulations.