Radiculopathy & sciatica decisions — 2013

The Board is remanding the case for further development, including obtaining additional medical records and scheduling a VA neurological examination. The Veteran's claims will be reconsidered based on the new evidence.

The Veteran's service-connected disabilities prevent him from securing and maintaining employment, and the RO has referred his claim for extraschedular TDIU consideration. The case is being remanded to determine if referral to the Director, Compensation and Pension Service is warranted.

The Veteran's service-connected disabilities prior to December 11, 2009 combined to a 50 percent rating. The Board found that the evidence did not show he was unemployable due to his service-connected conditions.

The Veteran's claims for service connection were denied as his claimed conditions are not related to active military service or service-connected disability.

The Veteran's claims for higher initial ratings for right hip DJD and right lower extremity radiculopathy were denied. The Board found that the evidence did not support a rating greater than 10 percent for either condition.

The Veteran's lumbar spine disability does not warrant a higher rating than the currently assigned 20 percent for functional impairment of the lumbar spine. The radiculopathy of the right lower extremity is rated at 10 percent and does not warrant a higher rating.

The Veteran's service-connected neuropathy and sciatica of the left and right lower extremities are currently rated at 10 percent each, but do not meet the criteria for a higher rating under Diagnostic Code 8521.

The Veteran's low back disability and radiculopathy of the lower extremities have not met the criteria for higher initial ratings prior to December 18, 2011 or from that date forward.

The Board found that the Veteran's current back disabilities are not related to his in-service injury, and denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for a statement of the case on his claim for an increased rating for sciatica and scheduling him for a Travel Board hearing.

The Board has granted service connection for right knee, right elbow, and low back disabilities. The Veteran is assigned a 20 percent rating for the left elbow disability.

The Board found that the Veteran's current low back disorder and bilateral leg radiculopathy were not incurred or aggravated by service, and denied both claims.

The Veteran's radiculopathy of the left upper extremity is currently rated at 20 percent, and the evidence does not support a higher rating.

The Board found that the Veteran does not have a current left hip disability and that any left hip pain is related to his service-connected sciatica. Therefore, the claim for service connection for a left hip disability was denied.

The Veteran's claims for increased evaluations of his low back disability and associated sciatic nerve radiculopathy were denied. The Veteran was not granted any additional ratings.

The Board found that the January 2008 rating decision granting service connection for degenerative disc disease of the lumbar spine and bilateral leg radiculopathy was not clearly and unmistakably erroneous.

The Veteran's claims for bilateral knee, foot, and radiculopathy of the right lower extremity disabilities were not addressed in this decision. The low back disability claim was denied for increased evaluations prior to September 10, 2007, and from that date onwards.

The Board has determined that the effective dates for service connection of radiculopathy of the right and left lower extremities should be set at September 21, 2009, based on the Veteran's credible assertions of continuity of symptoms since his initial claim in September 2009.

The Veteran's service-connected disabilities, including diabetes mellitus and multiple orthopedic conditions, result in a combined rating of 100 percent. The Veteran is currently employed full-time as a security officer and has been so employed throughout the pendency of this appeal.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for complications from a right hip replacement surgery, but the Board has determined that additional medical opinions are needed to determine if any additional disability found was caused by VA's carelessness or negligence.