Radiculopathy & sciatica decisions — 2013

The Veteran has withdrawn his appeals for the issues of initial evaluations in excess of 20 percent for a lumbar spine disability and associated right sciatica, respectively.

The Board found that the evidence is in relative equipoise as to whether the Veteran's current lumbosacral spine disability, diagnosed as acquired spinal stenosis, degenerative arthritis with radiculopathy/neuropathy, and degenerative disc disease, is causally related to his active military service.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the Veteran's lumbar spine disability did not meet criteria for a higher rating, while his radiculopathy of the left lower extremity was rated appropriately prior to March 19, 2003.

The Veteran's service-connected disabilities were of such severity that they precluded him from securing and following substantially gainful employment prior to June 29, 2012.

The Veteran's low back disability was initially rated as noncompensable prior to February 2012 and has been rated at 10 percent since then. The right leg radiculopathy remains at a 20 percent rating.

The Veteran's claim for a TDIU was granted with an effective date of May 21, 2008. The Board has determined that the criteria for an earlier effective date of August 28, 2002 were met due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and a need to obtain additional records, particularly related to any work injury claim. The Veteran will undergo VA examinations to determine if his current sinusitis, chronic pharyngitis, sciatic nerve disability, or low back disability are at least as likely as not related to his active duty service.

The Veteran's right lower extremity radiculopathy is rated at 10 percent since October 20, 2012. The left lower extremity radiculopathy has been rated at 20 percent from January 7, 2008.

The Veteran's low back disability was rated at 40 percent effective January 8, 2007, based on the evidence showing increased problems with his condition in the year prior to the claim for an increase.

The Board has remanded the case for further development, including a new examination and consideration of TDIU. The Veteran's claim for an increased rating for left lower extremity radiculopathy remains pending.

The Veteran's right-sided radiculopathy is rated at 20 percent since July 26, 2004. The Board granted an increased rating for the disability from that date.

The Veteran's claim for increased ratings was denied. The lumbar spine disability is rated at 20 percent effective November 9, 2012. The radiculopathy of the lower extremities and dysthymia/major depressive disorder remain at their current assigned ratings.

The Veteran's service-connected lumbar spine disability is currently manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees prior to October 31, 2012, and by forward flexion of 30 degrees or less thereafter. The RO granted a 20 percent rating for this disability as of October 30, 2001.

The Veteran's appeals have been withdrawn by the appellant, and thus all issues are dismissed.

The Board has denied the Veteran's claims for service connection for various musculoskeletal conditions, including neuropathy and radiculopathy of the lower extremities, degenerative joint disease of the right knee, left knee, cervical spine disability, bulging disc and herniation, degenerative changes of the right ankle, left ankle, and thoracic paravertebral myositis (claimed as thoracic lordosis).

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's service-connected disabilities, including PTSD and multiple orthopedic conditions, prevent him from securing or maintaining substantially gainful employment. The Board grants TDIU.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a higher rating based on the severity of the disabilities.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including obtaining VA treatment records and information about her employment status.

The Veteran's initial claim for a higher rating for lumbosacral strain was denied, with the RO granting an increased rating to 20 percent effective June 10, 2009.,The Veteran's claim for a higher rating for right lower extremity radiculopathy associated with his service-connected lumbosacral strain was also denied.