Radiculopathy & sciatica decisions — 2013

The Veteran's claims for right lower extremity radiculopathy, left lower extremity radiculopathy, scar residuals of the face and head, rhinitis, neck injury, low back injury, right hip disorder, left hip disorder, right upper extremity radiculopathy, and left upper extremity radiculopathy were all denied as not having their clinical onset in service or being otherwise related to active duty.,The Veteran's claim for service connection for sinusitis was not reopened due to the evidence received since December 2006 being cumulative or redundant of evidence at the time of the prior denial.

The Board has granted service connection for hyperhidrosis and assigned a 20% initial evaluation. The Veteran's IVDS is rated at 20%, and his right sciatic nerve impairment is also rated at 20%.

The Veteran's claims for higher ratings were granted, with the low back disability receiving a rating of 40 percent effective from August 17, 2006. The equinus of both feet and radiculopathy of the right lower extremity received separate 20 percent ratings since August 17, 2006.

The Veteran's claim is being remanded due to the need for additional medical examination and development of her claims file.

The Veteran's appeal for a compensable rating for his right shoulder disability prior to August 20, 2005 was withdrawn. The Board found that the evidence did not show limitation of motion at shoulder level prior to this date.

The Veteran is entitled to a total rating based on individual unemployability due to service-connected disabilities effective from May 15, 2006.

The Veteran's appeal involves multiple service-connected disabilities, including lumbar strain, cervical strain with bilateral radiculopathy, right hip strain, and traumatic brain injury. The issues include increased ratings for these conditions as well as a TDIU prior to September 11, 2008. Additional development is needed due to incomplete examination reports and conflicting employment history.

The Board has denied the Veteran's claims for service connection and increased evaluation of his lumbar spine arthritis, as well as reopening of previously denied claims. The appeal is also remanded to obtain SSA records and conduct additional examinations.

The Board found that the Veteran's lumbar spine and bilateral hip disorders are less likely than not caused or aggravated by his service-connected knee disabilities.

The Veteran has withdrawn his appeals for all issues, including the ratings for elevated right hemidiaphragm, cervical spine degenerative disc disease, lumbar spine disability, and neurological deficit of the sciatic nerve of the right lower extremity.

The Veteran's service-connected degenerative disc disease at L4-L5 with associated numbness and tingling of the left lower extremity was granted a temporary evaluation of 100 percent from August 25, 2006 to October 31, 2006. From November 1, 2006 onwards, he is rated at 20 percent for his disability.

The Board has remanded the case for additional development, including obtaining SSA and Workman's Compensation records, scheduling an examination to assess the Veteran's employability due to his service-connected disabilities, and considering whether staged ratings are warranted.

The Veteran's claims for increased ratings for degenerative disk disease of the L5-S1 discs and right sciatic nerve radiculopathy were denied by the Board. The Veteran was previously granted a 20 percent rating from July 1, 2009 to June 30, 2009, but this has since been reduced to 10 percent effective July 16, 2002.

The appellant's appeal has been withdrawn, and the case is dismissed.

The Veteran's service-connected disabilities, including right shoulder and left shoulder conditions, are rated at a combined 90 percent. The Board finds that these disabilities render the Veteran unable to maintain substantially gainful employment.

The Veteran's combined disability rating is currently 40 percent, effective from February 2, 2006. The Board finds no error in the calculation and denies the claim for a higher combined rating.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, requiring assistance with daily activities such as dressing, grooming, bathing, preparing meals, managing medications, toileting, transfers, and attending to the needs of nature. The Board has granted SMC based on the need for regular aid and attendance.

The reduction of the Veteran's chronic low back strain disability rating from 40 percent to 20 percent was proper based on recent VA examinations showing improvement in his condition.

The Board denied the Veteran's claims for service connection for bilateral lower extremity radiculopathy, a rating in excess of 20 percent prior to April 4, 2007, and in excess of 40 percent since April 4, 2007, for his low back disability, and entitlement to TDIU.

The Veteran's claim for an effective date earlier than October 14, 2008 for the grant of a TDIU rating was denied. The Board found that he is not entitled to extraschedular consideration under 38 C.F.R. � 4.16(b).