Radiculopathy & sciatica decisions — 2012

The Veteran's lumbosacral strain with traumatic arthritis was granted a 20 percent disability rating effective May 18, 2009. The initial compensable and subsequent increased ratings for left lower extremity radiculopathy were also granted.

The Veteran's claims for higher initial ratings were granted, with a disability rating of 30 percent for lumbar strain with spondylosis effective March 31, 2010. The other issues remained unchanged.

The Board found that there is no evidence to support a finding of low back disability with radiculopathy due to injury, disease or other event during service. The Veteran's current assertions of having had chronic or recurrent low back problems since service are not consistent with his own actions and the overall record.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine, right and left lower extremity radiculopathy were denied as his conditions did not warrant a higher rating under the applicable criteria.

The Board has granted service connection for degenerative disc disease of the cervical spine and associated left upper extremity radiculopathy, finding that a preexisting condition was aggravated by inactive duty for training.

The Veteran's right knee sciatic nerve irritation is currently rated as 20 percent disabling, which is the maximum schedular rating available under Diagnostic Code 8720 for moderate incomplete paralysis of the sciatic nerve. The Board finds no evidence to support a higher evaluation.

The Board denied service connection for a lumbar spine disability and did not reopen the claim of service connection for hypertension.

The Board has determined that the Veteran's DDD of the lumbar spine and radiculopathy of his right lower extremity are related to his military service, granting both claims.

The Board denied the appellant's requests for increased evaluations for his right knee disability, left shoulder disability, and carpal tunnel syndrome of the left arm. The remaining issues are pending.

The Board has determined that the Veteran's low back disability and lower extremity disabilities, including peripheral neuropathy and radiculopathy, were not incurred or aggravated by military service. The claims are therefore denied.

The Board has determined that the Veteran's low back disability, diagnosed as degenerative disc disease with left leg radiculopathy, did not manifest during service and is not otherwise related to his military service. The claim for service connection for this condition is denied.

The Board has determined that the Veteran's left hip disability and neurological disability were not incurred or aggravated by service. The evidence does not support a finding of service connection for these conditions.

The Veteran's neurological disorder is found to be proximately due to or the result of his service-connected lumbar spine disability. He was granted a separate rating for removal of semilunar cartilage from March 27, 2008.

The Veteran's combined rating for service-connected disabilities is 100%, which meets the criteria for a TDIU rating. The evidence shows that his service-connected conditions have prevented him from securing and following a substantially gainful occupation.

The Board finds that the Veteran does not have a low back disability due to any incident of her service and therefore, the claim for service connection is denied.

The Veteran's lumbar spine disorder is currently rated at 20 percent disabling, but the Board finds that a higher evaluation is not warranted.

The Veteran's cervical degenerative disc disease with radiculopathy is service-connected. The Board also finds new and material evidence to reopen the claim for a left lung disability (chronically elevated or paralyzed left hemidiaphragm).

The Veteran's thoracolumbar spine disability is currently rated at 10 percent, but the Board finds that a higher rating is not warranted as there are no additional functional limitations due to pain or other symptoms during flare-ups.

The Veteran's claims for increased ratings for status-post fusion of C5-C6 and bilateral upper extremity radiculopathy are being remanded to the RO/AMC for consideration on an extraschedular basis.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status is being remanded due to a lack of recent VA examination considering all service-connected disabilities.