Radiculopathy & sciatica decisions — 2015

The Veteran's claim for increased evaluations for his service-connected cervical spine disability and related left upper extremity radiculopathy is being remanded due to the need for additional examinations and consideration of recent treatment records.

The Veteran's back condition was rated at 20 percent prior to December 2009 and increased to 40 percent effective December 2009. The Veteran is seeking a higher rating for his service-connected degenerative disc and joint disease of the lumbar spine.,The Veteran's right leg numbness was initially rated at 10 percent in May 3, 2005, and increased to 40 percent effective December 2009. The Veteran is seeking a higher rating for his service-connected radiculopathy of the right lower extremity (right leg numbness).

The Board found that the Veteran's sciatica of the left leg did not manifest during service and was not aggravated by service. The hearing loss disability has been rated as Level I in both ears, which does not meet the criteria for a compensable evaluation.

The Veteran's lumbar spine disability has not manifested with ankylosis or range of motion on forward flexion of less than 30 degrees. She was granted a 20 percent rating for post-operative residuals of L5-S1 decompression and fusion, mechanical low back pain.,Prior to November 18, 2009, the Veteran's lumbar radiculopathy of the right lower extremity more nearly approximated moderate incomplete paralysis. She was granted a 20 percent rating for this condition starting from August 16, 2012.,From November 18, 2009 to August 15, 2012, she was granted a 20 percent rating for lumbar radiculopathy of the left lower extremity. She was also granted TDIU effective June 1, 2009.,The Veteran's unemployability due to service-connected disabilities was found as of February 2, 2009.

The Veteran's initial ratings for his service-connected disabilities have been granted and are in effect since the date of claim. The Board is remanding to obtain updated medical evidence regarding the current severity of these conditions.

The Veteran's appeal is remanded due to the need for additional development, including obtaining STRs from Langley AFB and the Philippines. The claims for higher initial ratings are inextricably intertwined with the earlier effective date claim.

The Veteran's erectile dysfunction is not service connected as secondary to his service-connected lumbar fusion.,Service connection for postoperative suprapubic hernia was granted with an effective date of October 23, 1987.

The Board has granted the Veteran's claim of service connection for right lower extremity lumbar radiculopathy, finding that it is caused by his service-connected lumbosacral strain.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. The Board grants entitlement to a certificate of eligibility for assistance in acquiring specially adapted housing.

The Board granted service connection for cervical radiculopathy of the right upper extremity and degenerative arthritis of the left hip as secondary to service-connected disabilities, effective April 13, 2011.

The Board has decided to remand the Veteran's claims due to a need for additional examinations and further development of his medical records.

The Veteran seeks a temporary total rating for convalescence following his December 23, 2008 lumbar disc surgery. The RO denied the claim as the surgery was not related to his service-connected back disorder but rather an inservice workplace injury or fall at home.

The Veteran's service-connected disabilities render him helpless in the performance of activities of daily living and in protecting himself from everyday hazards, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's low back disability has been evaluated at 20 percent since October 23, 2007. The current evidence does not support an increase in the rating due to lack of limitation of motion or ankylosis.

The Veteran's claimed conditions, including joint pain, impaired balance, muscle pain, and neurological symptoms of the upper and lower extremities, are not related to service. The Board finds that service connection is not warranted for these conditions.

The Veteran was found to be unemployable due to his service-connected disabilities for the period from April 12, 2006 to May 4, 2011.

The Veteran's claims for increased evaluations and service connection were denied. The Board found no current hearing loss disability, and the Veteran does not have a compensable evaluation for his lumbar strain with degenerative disc disease and intervertebral disc disease.

The Board denied the Veteran's claims for increased evaluations and service connection, finding that his conditions did not warrant higher ratings or additional benefits.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for sciatic nerve damage with residual left leg pain, numbness in toes, and burning sensation in left heel resulting from a VA lumbar spine surgery performed in November 2001. The case is being remanded to obtain updated treatment records and conduct a VA examination.

The Veteran's TDIU is denied as the earliest effective date that meets the criteria for a TDIU was November 16, 2009.