Radiculopathy & sciatica decisions — 2013

The Board denied a separate compensable rating for left-sided radiculopathy, finding that it is not associated with or etiologically related to the Veteran's service-connected lumbar paravertebral myositis.

The Veteran's lumbar herniated disc and radiculopathy of the left lower extremity have been granted increased ratings, with the radiculopathy receiving a higher rating as of June 27, 2012.

The Board has remanded the case for further development, including obtaining a Social and Industrial Survey to determine if the Veteran's service-connected disabilities render her unable to secure or follow substantially gainful employment.

The Veteran's lumbar spine disability is rated as 10 percent disabling, and his bilateral lower extremity radiculopathy is separately rated at 10 percent each. The Board finds no basis for a higher rating.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and arranging for a VA examination.

The Veteran's increased rating claim for post-operative residuals of L4-L5 and L5-S1 disk herniation was granted, with a 10 percent disability rating. The claims for sciatic/common peroneal neuropathy were also granted, with ratings of 20 percent for the right lower extremity and 40 percent for the left lower extremity.

The Board granted an increased disability evaluation of 40 percent for lumbar spine degenerative changes, effective from May 11, 2012. The Veteran's right lower extremity radiculopathy and left lower extremity radiculopathy were each assigned a 10 percent initial disability evaluation, while chronic sinusitis with right nasal obstruction was increased to 10 percent.

The Board finds that the Veteran does not have separate disabilities of radiculopathy or peripheral neuropathy in either upper extremity, and therefore service connection is denied.

The Veteran's appeals for service connection on the issues of loss of vision (including cataracts), eczema, alopecia, left leg radiculopathy, and right elbow tendonitis have been dismissed as he withdrew his appeal regarding these claims.

The Veteran's service-connected disabilities, including chronic low back pain and neuritis of the left sciatic nerve, have prevented him from obtaining or retaining gainful employment.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy were denied. The evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's lumbar spine degenerative disc disease has been rated at 60 percent effective August 17, 2001.,From September 9, 2010 to February 29, 2012, the Veteran's right lower extremity radiculopathy was rated at 40 percent and his left lower extremity radiculopathy was also rated at 40 percent.,Effective March 1, 2012, the Veteran's right lower extremity radiculopathy was rated at 60 percent and his left lower extremity radiculopathy was also rated at 60 percent.,The Veteran is granted a TDIU.

The Veteran's low back disorder is rated at 40 percent disabling, effective February 16, 2011. Prior to this date, the disability was rated as 20 percent disabling. The left lower extremity radiculopathy has been rated at 40 percent since February 16, 2011.

The Board granted a 30 percent evaluation for bilateral hearing loss effective June 5, 2009. The Veteran's other claims were withdrawn.

The Board has determined that the Veteran's service connection claims for scoliosis, spinal stenosis with arthritis, and sciatica are granted.

The Board found that the Veteran's current left hip disorder, arthritis of the left hip, and sciatica did not have its clinical onset in service or may be presumed to have been incurred therein. The evidence does not support a finding of direct service connection.

The Veteran's low back disability, specifically degenerative disc disease (DDD) of the lumbar spine, is currently rated at 40 percent and associated left leg radiculopathy at 20 percent. These ratings are based on the severity of his disabilities as determined by VA examinations.,The Veteran does not have unfavorable ankylosis of his entire thoracolumbar spine and has experienced no incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, which is why he cannot be granted higher initial ratings for these conditions.

The Veteran's claims for increased ratings and an earlier effective date were denied. The claim for a compensable evaluation prior to October 23, 2012 was granted.

The Board has granted service connection for genital numbness, L4-L5 radiculopathy and neuropathy of the right and left lower extremities, trochanteric bursitis of the hips, and pelvic numbness.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.