Radiculopathy & sciatica decisions — 2014

The Veteran's cervical spine disability has been granted service connection and rated at 20 percent effective November 25, 2008. The other issues have not been resolved.

The Veteran's service-connected disabilities, including a low back disability and radiculopathies of the lower extremities, do not render him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's symptoms of left lower extremity radiculopathy have been moderately severe since March 31, 2005, warranting a 40 percent rating.

The Veteran's appeals for service connection for right knee, bilateral hip disorders, and right lower extremity radiculopathy have been withdrawn due to the grant of TDIU back to July 16, 2011 and a 20 percent rating for left lower extremity radiculopathy effective April 28, 2006.

The Veteran seeks a TDIU based on his service-connected disabilities. The case is being remanded to obtain vocational rehabilitation records and provide the Veteran with a new VA examination to assess the impact of his service-connected conditions on employment.

The Veteran's cervical spine disability is rated at 20 percent, but his bilateral hearing loss and service connection for inguinal hernia are not granted.

The Veteran's lumbar strain was initially rated as 20 percent disabling prior to December 2, 2009, and increased to 40 percent disabling thereafter.,For the cervical spine disability, the Veteran has been granted a 20 percent rating since March 8, 2000.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected degenerative disc disease, L5 with radiculopathy.

The Veteran's claims for higher ratings for lumbar disc herniation and right leg sciatica associated with the condition were denied. The Veteran was awarded a separate compensable evaluation for his right leg sciatica, but not for the orthopedic symptoms of his lumbar spine disability.

The Board has determined that the Veteran's radiculopathy of the left lower extremity was first manifested during service and is therefore granted as a direct service connection.

The Veteran's service-connected disabilities, particularly his back disability, are of such severity as to preclude his participation in all forms of substantially gainful employment for which he is qualified. Therefore, the Board finds that entitlement to a TDIU on an extraschedular basis is warranted.

The Veteran's cervical spine disorder is currently rated at 10 percent, and left upper extremity radiculopathy is separately evaluated as 20 percent. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's claims for increased ratings and a TDIU have been denied. The Board found that the evidence did not support higher ratings or restoration of a rating.

The Veteran has withdrawn his appeals for all issues related to PTSD, sciatica of the right lower extremity, sciatica of the left lower extremity, and degenerative disc disease and herniated nucleus pulposus of the lumbar spine.

The Board found that the Veteran's service-connected low back disorder, which is rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, does not meet or approximate criteria for a higher rating due to lack of ankylosis, associated neurologic impairment warranting separate compensable ratings, or incapacitating episodes having a total duration of at least 6 weeks during any 12-month period.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and associated radiculopathy are aggravated by his service-connected left hip replacement and right total knee replacement, thus granting service connection for these conditions.

The Veteran's degenerative disc disease L5-S1 was granted a 40 percent rating from May 17, 2011. He also received separate ratings for left S1 radiculopathy.

The Veteran's lumbar spine disability and associated right lower extremity radiculopathy were evaluated, but the claims for increased ratings were denied as they did not meet the criteria for higher evaluations.

The Board has determined that further development is necessary before a decision can be made regarding the Veteran's claim for service connection for his right shoulder disability, including radiculopathy. The case is REMANDED to obtain additional medical opinions and evidence.