Radiculopathy & sciatica decisions — 2013

The Veteran's initial claim for a higher rating for his cervical spine disability was denied. However, he was granted a separate rating for right arm neurologic manifestations related to his service-connected cervical radiculopathy.

The Veteran's lumbar spine disability is rated at 50 percent effective September 24, 2012 due to ankylosis of the thoracolumbar spine. The right lower extremity radiculopathy is rated at 60 percent effective September 24, 2012.

The Board has granted an initial rating of 20 percent for sciatica of the left leg, effective January 28, 2004.

The Board has denied the Veteran's claims for service connection for gastritis, sciatic neuropathy of the right lower extremity, sciatic neuropathy of the left lower extremity, and bipolar disorder. The effective dates for these conditions have not been addressed due to pending remand issues.

The Board has determined that the Veteran does not have diabetes mellitus, Type II. The issues of hypertension and radiculopathy/peripheral neuropathy of the upper extremities are addressed in the REMAND portion of this decision.

The Board has denied the appellant's claim for service connection for benign essential tremors, finding that his condition preexisted his period of active duty and was not aggravated by such. The appeal regarding an initial rating in excess of 20 percent for lumbar spine herniated disc is addressed in the REMAND portion.

The Board has reopened the claim for service connection of low back disability. The evidence now shows that the Veteran's current low back disability is related to her right foot injury, which is already service-connected. Therefore, the claim is granted.

The Veteran's cervical spine disability was rated at 20 percent prior to April 22, 2008. The Board has determined that the disability should be increased to 30 percent for this period.

The Veteran's service connection claim for cervical radiculopathy of bilateral upper extremities is granted. His low back disability remains at a 20 percent evaluation, and his TDIU claim is denied.

The Board has granted service connection for a scar on the palm of the right hand. The Veteran's current right hip and back disabilities are being remanded due to insufficient evidence.

The Board has determined that the Veteran's radiculopathy of the lower extremities is caused by his service-connected back disability, and thus grants service connection for this condition.

The Veteran's service-connected disabilities, effective February 24, 2010, have rendered him unable to secure and follow substantially gainful employment.

The Board has denied the Veteran's claims for service connection for left lumbar radiculopathy (back disorder) and left hip sprain (leg condition), finding no positive nexus between these conditions and his service or to a service-connected disability.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral radiculopathy of the left lower extremity is being remanded due to the need for a more contemporaneous examination and consideration of SSA records.

The Board has remanded the Veteran's claims due to incomplete evidence and need for additional examinations.

The Board has determined that the Veteran's cervical spine and right shoulder disabilities are not service-connected, as they did not manifest within one year of his separation from active duty or during a period of training duty. The evidence does not support a finding that these conditions were caused by or aggravated by any service-connected condition.

The Veteran's service-connected disabilities, including peripheral neuropathy of the left upper and lower extremities, hiatal hernia, genitourinary disorder (including prostatic hypertrophy), sleep apnea, S1 radiculopathy, and polycythemia vera, have been granted. The Veteran is entitled to a 10 percent evaluation for hypertension.

The Veteran's service-connected disabilities prevent him from caring for most of his daily personal needs and protecting himself from hazards without the assistance of others, meeting the criteria for special monthly compensation based on need for regular aid and attendance.

The Veteran's service-connected disabilities, including left lower extremity hemiparesis, cervical spine degenerative changes, and other orthopedic conditions, prevent him from securing or following a substantially gainful occupation due to their combined effects. The Board grants the TDIU rating.

The Veteran's service-connected disabilities do not meet the percentage rating standards for TDIU, but his combined rating is insufficient to warrant a total disability rating based on individual unemployability. The Board finds that he is capable of performing the physical and mental acts required by employment.