Radiculopathy & sciatica decisions — 2013

The Veteran's low back disability, including thoracic levoscoliosis and degenerative joint disease, was not found to warrant a higher initial or subsequent rating.

The Veteran's TDIU claim is being remanded for further consideration, including a determination on whether an extraschedular TDIU should be awarded.

The Veteran's service-connected disabilities combined to a 90% rating effective September 1, 2007. As his disability was permanent and total as of that date, he is eligible for Dependents' Educational Assistance (DEA) benefits.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and addressing his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's claim for a higher initial rating for left leg radiculopathy associated with lumbar disc disease was granted, and he is now receiving a 10 percent rating effective from March 8, 2011.

The Veteran's claims for increased ratings and TDIU prior to July 6, 2004 were denied. The Board found that the evidence did not meet the criteria for a higher rating or TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, as well as a new VA examination to assess the severity of his lumbar spine disability and associated right lower extremity radiculopathy.

The Veteran's service-connected degenerative disk disease with lumbar spondylosis and dextroscoliosis is currently rated at 20 percent, effective April 2009. Separate ratings of 20 percent for right sciatic nerve radiculopathy and 10 percent for left sciatic nerve radiculopathy are granted since February 2012.

The Veteran is seeking increased ratings for his service-connected left upper extremity radiculopathy and TDIU. The case is being remanded to obtain VA treatment records, SSA records, and a VA examination.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board has denied a higher rating. The issue of entitlement to TDIU remains pending as it is related to her service-connected disabilities.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and associated radiculopathy have been rated at 20 percent, with separate ratings for right and left lower extremity radiculopathy. The appeal is denied as there are no additional factors warranting an extra-schedular rating.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and the evidence is at least in equipoise that he is unemployable due to his lumbar spine disability. Therefore, entitlement to a TDIU is granted.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, and she has mild right lower extremity radiculopathy related to her lumbar spine disability. The rating for the lumbar spine disability remains unchanged.

The Veteran's claim for service connection for aseptic meningitis was denied in May 2008, and the decision is final. New evidence received since that time does not raise a reasonable possibility of substantiating the claim.,Service connection for degenerative lumbar spine disease and associated bilateral lower extremity radiculopathy has been granted with ratings of 10% each.

The Board has granted service connection for tinnitus and found that the Veteran's current ringing in his ears is related to his service. The other issues on appeal are addressed below.

The Veteran's case is being remanded for a video conference hearing at the RO. The appeal involves service connection for sacral radiculopathy of the left lower extremity, which may be related to his service-connected lumbosacral strain disability.

The Board found no evidence of a right hip disorder, left hip disorder, lumbar spine disorder, heart disorder (to include hypertension), or left lower extremity sciatica and numbness that were incurred in or aggravated by service.

The Veteran's appeal is being remanded for additional development, including a medical opinion regarding the severity of his right lower extremity sciatica and issuance of an effective date SOC.

The Veteran's service connection claim for bilateral hearing loss is denied as he does not have a current disability. Claims for increased evaluations and TDIU are remanded.

The Veteran's claims for increased evaluations for his intervertebral disc syndrome and radiculopathy were granted, but the ratings are limited to 10 percent prior to March 2006 and 20 percent since May 1, 2006.