Radiculopathy & sciatica decisions — 2012

The Veteran's diffuse osteopenia, status post L2-L3 fusion was rated at 20 percent from January 1, 2007 to October 29, 2008. From October 30, 2008, the disability is rated at 20 percent.

The Veteran's claim for a higher initial rating for his left lower extremity radiculopathy is being remanded due to the need for further development, including another VA examination and obtaining recent medical records.

The Veteran's claimed conditions, including residuals of a left hip injury, left sciatic nerve disorder, and seizure disorder, were not incurred or aggravated by disease or injury during his active service. The respiratory disorder was not manifested within the first post-service year.

The Board denied the Veteran's claim for an effective date earlier than March 20, 2009, for the grant of an aid and attendance allowance for his spouse. The preponderance of evidence supported that the claim was received by VA on March 20, 2009.

The Veteran's right lower extremity sciatica has been rated at 40 percent since August 3, 2011. The effective date remains pending as the claim is still under consideration.

The Veteran's appeal is being remanded due to issues of entitlement to an increased rating for service-connected right and left leg radiculopathy, as well as entitlement to an effective date earlier than July 12, 2011, for the grant of a 40 percent disability rating for service-connected lumbar disc disease. The TDIU claim is also being remanded.

The Veteran's service-connected compression fractures at T9-L1 are rated as 20 percent disabling. Service connection for bilateral lower extremity radiculopathy is granted, and an effective date of February 7, 2007, is assigned for the grant of service connection for neuropathy ilioinguinal nerve left torso and left inguinal area.

The Veteran's appeal includes multiple issues related to various disabilities, including knee conditions, hip conditions, eye conditions, neurological symptoms, insomnia, and skin conditions. The Board has remanded the case for further action due to a change in the Veteran's residence.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing and any other necessary development.

The Veteran's claim for increased ratings for his lumbosacral disc disorder is being remanded due to the need for additional medical examination and consideration of new evidence.

The Veteran's service-connected disabilities involving diseases of his digestive system have been assigned a single 60 percent rating, which already includes his recurrent aphthous ulcers. A separate compensable rating is not warranted for these ulcers.

The Board has restored the Veteran's 40% rating for his service-connected lumbar spine DDD and granted entitlement to a TDIU, finding that his service-connected disabilities render him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's cervical radiculopathy of the bilateral upper extremities is due to his service-connected arthritis of the cervical spine, and left ulnar neuropathy had its onset during active service. Therefore, service connection for a neurological disorder of the bilateral upper extremities is granted.

The Veteran's hallux limitus is related to his service-connected pes planus. The Board finds that the VA Chief of Podiatry Section's opinion, which relates the Veteran's currently diagnosed hallux limitus to his service-connected pes planus, is the most probative evidence as to the etiology of the disorder.

The Veteran's service-connected cervical spine disability and associated radiculopathy of the upper extremities have been granted increased ratings, with a maximum rating of 30 percent for his cervical spine disability as of January 17, 2008.

The Board granted service connection for aortic valvular stenosis with an effective date of September 16, 1988. The Veteran's claims for increased ratings and earlier effective dates were also addressed.

The Veteran's lumbar strain and sciatica of the lower extremities do not meet or approximate the criteria for a rating greater than 10 percent, and he is not entitled to TDIU based on his service-connected disabilities.,The Veteran's sciatica is due to nonservice-connected degenerative disc disease and joint disease, not related to his service-connected lumbar strain.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbar spine and sciatica of the right lower extremity are being remanded to allow for additional development, including obtaining VA treatment records and a new examination.

The Veteran's service-connected degenerative joint disease of the lumbar spine with radiculopathy and spondylolisthesis is not productive of incapacitating episodes of at least six weeks, nor does it meet criteria for ankylosis. Therefore, a rating in excess of 40 percent is denied.

The Veteran's claim for service connection for a lumbar spine disability has been reopened, and he is now entitled to a 70 percent evaluation for his PTSD prior to December 30, 2008. The Veteran's other claims remain denied.