Radiculopathy & sciatica decisions — 2013

The Board has granted a 20 percent evaluation for the service-connected DDD of the lumbar spine and a separate 10 percent evaluation for left lower extremity radiculopathy, effective from March 6, 2009.

The Veteran's appeal is remanded for further development, including an updated VA examination and obtaining additional VA treatment records. The case will be reviewed again based on the additional evidence.

The Board found that the Veteran's claimed left leg, hip, sciatic nerve, and buttock disorders are not related to his period of active service.

The Board has determined that the Veteran's radiculopathy of the bilateral legs is not related to his service-connected right shoulder disability and thus, denied these claims.

The Veteran's claims for service connection, an extraschedular evaluation, and TDIU were denied. The Board found that the criteria for an extraschedular rating prior to January 25, 1994 are not met, and that the criteria for a TDIU since April 1, 2002 have not been met.

The Veteran's left leg radiculopathy is rated at 20 percent from September 27, 2005 to December 29, 2008.

The Board has remanded the case for further development to determine if the Veteran is unemployable due to his service-connected disabilities.

The Veteran's service-connected right lower extremity sciatica with L5 radiculopathy is productive of a disability picture which more nearly approximates moderate incomplete paralysis of the sciatic nerve, warranting a 20 percent rating.

The Board found that the Veteran does not have a current low back disability or sciatic pain that was incurred in service, and thus denied her claim for service connection.

The Veteran has withdrawn his appeals for higher initial ratings in excess of 20 percent for lumbar intervertebral syndrome, status post surgery with residual scars, and a higher initial rating in excess of 10 percent for radiculopathy of the left lower extremity.

The Veteran's combined initial rating for service-connected disabilities was granted effective from September 20, 2001 and increased to a combined 100 percent rating effective from October 10, 2007. The appeal is denied as the claimant has not provided evidence of unemployability due solely to service-connected disabilities prior to this date.

The Veteran's unauthorized medical expenses for emergent care on March 19, 2010 are granted as the services were provided in an emergency department and a prudent layperson would have expected immediate medical attention due to her severe back pain.

The Veteran's claim for an increased rating for lumbosacral radiculopathy was denied, and the assignment of an effective date prior to December 16, 2003 for TDIU was also denied. The case is pending further review by the Compensation Director.

The Board has granted a rating of 40 percent for the service-connected left sciatic neuritis from July 23, 2009 to October 22, 2011. The Veteran's symptoms have been characterized by radiating pain and weakness in his left leg.

The Veteran's service-connected disabilities do not result in loss of use of a lower extremity, and therefore he does not meet the criteria for specially adapted housing assistance.

The Board has determined that the Veteran's right leg disorders are not service-connected, as all reported symptoms and diagnoses are attributable to his already-service connected disabilities. The left leg disorder is also considered service-connected based on direct evidence.

The Veteran's cervical radiculopathy is found to be secondary to his service-connected cervical spondylosis, and the claim for carpal tunnel syndrome as secondary to cervical spondylosis is granted.

The Veteran's service-connected low back disorder was granted a rating of 20 percent prior to August 24, 2010 and increased to 30 percent thereafter. The right knee and left knee disorders were each granted a rating of 10 percent initially, with the left knee receiving an additional 10 percent for instability starting from August 24, 2010. The service-connected diabetic peripheral neuropathy of both lower extremities was also granted initial ratings of 10 percent prior to August 24, 2010 and increased to 20 percent thereafter.

The Veteran's service-connected degenerative disc disease at L5-S1 with a bulging disc is productive of orthopedic impairment and neurological symptoms, including erectile dysfunction, bowel incontinence, bladder incontinence, and right shoulder AC joint separation. The claims for increased ratings and secondary service connection are granted.

The Veteran's service-connected disabilities prevent him from attending to the needs of nature, caring for himself, and/or protecting himself from the hazards of his environment. The Board finds that he is in need of the regular aid and attendance of another person.