Radiculopathy & sciatica decisions — 2013

The Board has determined that the Veteran is unemployable due to his service-connected disabilities, effective March 16, 2011.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and a VA examination to assess the severity of her service-connected lumbar spine disability. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Veteran's lumbar strain with degenerative joint disease was granted an initial rating of 10 percent prior to August 8, 2005 and increased to 40 percent thereafter. The left lower extremity radiculopathy was granted a separate compensable rating of 20 percent effective October 28, 2011.,The Veteran's GERD was granted an initial 30 percent disability rating. Residuals, fracture, left distal fibula and medial malleolus were granted a 30 percent disability rating from October 28, 2011. The right ankle disability claim is denied.,Service connection for the Veteran's claimed right ankle disability was not established.

The Board has determined that the Veteran's claimed left lower extremity disability, including axonal polyneuropathy and L5-S1 radiculopathy, is not related to his active service. The evidence does not show a chronic disease during service or within one year of separation from service. The current conditions are attributed to a non-service-connected lumbar spine condition.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his traumatic brain injury, back disability, and migraine headaches.

The Veteran's unauthorized medical expenses incurred at private facilities were denied as the treatment was not related to a service-connected disability and did not meet the criteria for emergency treatment.

The Veteran's initial claim for a higher rating for his back disability was granted, but the assigned 10 percent rating is maintained. The Veteran also had an associated right lower extremity radiculopathy that approximates no more than mild incomplete paralysis of the sciatic nerve.

The Veteran's sciatica of the left lower extremity has been granted a 10 percent rating since November 1, 2005. The right lower extremity was initially granted service connection but not rated as it did not meet the criteria for compensation.

The Veteran's claim for special monthly pension by reason of needing aid and attendance or being housebound was denied as he does not meet the criteria for such benefits based on his nonservice-connected disabilities.

The Board has granted an initial 40 percent rating for the service-connected degenerative lumbar disc disability from April 30, 1999 to July 28, 2003, and since December 1, 2007. Separate initial ratings of 20 percent have been assigned for right and left lumbar radiculopathy.

The Veteran's service-connected disabilities were rated as follows: lumbosacral strain at 40 percent; tinnitus at 10 percent; right knee disability at 10 percent; left lower extremity radiculopathy at 10 percent, and bilateral hearing loss at noncompensable level. The Veteran was initially entitled to a TDIU rating on November 18, 2009.

The Veteran's appeal has been withdrawn prior to a decision being made by the Board.

The Veteran has withdrawn his appeals on four of the six remaining issues, leaving only one issue for consideration.

The Veteran's appeal is being remanded to obtain private employment records and for a VA examination to determine if her service-connected disabilities prevent her from securing or following substantially gainful employment.

The Veteran's cervical spine disability is rated as 60 percent disabling prior to July 10, 2012. From that date forward, he has separate ratings for moderate radiculopathy of the right and left upper extremities (40% each) and degenerative disease of the cervical spine (30%).,The Veteran's lumbar spine disability is rated as 40 percent disabling.,Both conditions are not rated higher.

The Veteran's claim for bilateral hearing loss was denied as he did not meet the criteria for a disability due to impaired hearing in either ear. His claims for lumbar strain and left lower extremity radiculopathy were partially granted with an initial 10 percent evaluation for lumbar strain, effective December 11, 2006, and a separate 20 percent evaluation for left lower extremity radiculopathy secondary to lumbar strain, effective March 28, 2012.

The Veteran's claims for service connection of low back disability and PTSD, as well as increased ratings for left shoulder strain and right shoulder tendinitis were all denied.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected low back disability with radiculopathy, and consideration of whether separate evaluations are warranted for any associated radiculopathy or bowel/bladder impairment.

The Veteran's initial claim for a higher rating for his service-connected low back disability was denied prior to November 1, 2007.,From November 1, 2007 onwards, the Veteran's claim for an increased evaluation of his low back disability was also denied.