Radiculopathy & sciatica decisions — 2015

The Board has granted service connection for radiculopathy of the right and left lower extremities, finding it at least as likely as not that these conditions are related to the Veteran's service-connected back disability.

The Veteran withdrew his appeal for the claims of entitlement to an initial disability rating in excess of 20 percent for a lumbar spine disability, and initial compensable disability ratings for radiculopathy of the right and left lower extremities.

The Veteran's degenerative disc disease of the lumbar spine is rated at 30 percent, with a 10 percent deduction for aggravation from his service-connected right leg fracture. The RO has granted an increased rating to 40 percent effective December 1999.

The Veteran's claims for increased ratings for left upper and lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating under Diagnostic Code 8511 (left upper extremity) or Diagnostic Code 8620 (left lower extremity).,There was no objective evidence of sensory impairment in the left lower extremity, and the Veteran's complaints were characterized as 'constant pain' rather than more severe symptoms such as muscle atrophy or significant reflex loss.

The Veteran's appeal was granted, with a 20 percent rating for left lower extremity radiculopathy and an effective date prior to November 1, 2010. Other claims were denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the current severity of his service-connected disabilities.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's combined disability rating is 50 percent, which does not meet the schedular percentage for a TDIU.

The Veteran's appeal for an increased rating for his service-connected back disability was denied. However, the issue of entitlement to service connection for radiculopathy associated with his service-connected back disability was granted effective June 23, 2008.

The Veteran's claim for service connection for a low back disability was reopened and granted effective August 1, 2007. The appeal regarding increased evaluations for left lower extremity radiculopathy has been withdrawn and reinstated.

The Board has remanded the case for further development, including a VA social and industrial survey to assess employment capacity and a VA examination by a physiatrist to determine if the Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Board has determined that the Veteran's left hip and leg disabilities are not service-connected as they did not manifest during or within one year after his military service, and there is no evidence linking them to an in-service injury. The disability was found to be due to natural aging processes.

The Board has remanded the issues of entitlement to higher ratings for radiculopathy of the left and right lower extremities associated with service-connected low back disorder due to insufficient discussion in a previous VA examination.

The Veteran's service-connected lumbar spondylosis and degenerative disc disease with radiculopathy are rated at 60 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The claim for increased rating is denied.

The reduction of the disability evaluation for bilateral hearing loss from 10 percent to noncompensable was proper. The Veteran's cervical spine and left upper extremity disabilities are remanded for additional examinations.

The Veteran's service-connected disabilities render him unemployable, but further development is needed to determine his employment status and the impact of these conditions on his ability to work.

The Veteran's lumbar spine disability is rated at 40 percent effective February 3, 2010. He also received separate ratings of 10 percent for right and left lower extremity radiculopathy since February 26, 2010. His hallux valgus disabilities are rated at the maximum allowed under Diagnostic Code 5280. The Veteran's bilateral hearing loss is assigned a noncompensable rating.

The Veteran's service connection claims for various conditions, including a lumbar spine disability, cervical spine disability, neuropathy of the left upper extremity, and neuropathy/sciatica of the lower extremities were denied. The Board found no evidence that these disabilities had their onset in or were related to service.

The Board has granted the Veteran's claim for TDIU, finding that his service-connected disabilities render him unable to obtain and maintain substantially gainful employment consistent with his education and occupational experience.

The Veteran's claims for service connection for sciatica in the right leg, fibromyalgia, bronchitis, asthma, and chemical sensitivities have been granted. The remaining issues remain pending.