Radiculopathy & sciatica Board decisions

The Veteran's low back disability is not service-connected, as it did not occur during his active duty or National Guard service. His bilateral sciatica and peripheral neuropathy are secondary to his low back disability.,His bilateral hearing loss and tinnitus are presumed due to exposure to noise from artillery fire during service.

The Board denied the Veteran's claims for service connection for a bilateral foot disorder, low back disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and an acquired psychiatric disorder, including PTSD. The Board found that there was no evidence of chronic conditions in service or within one year after separation from service.

The Veteran's lumbar spine spondylosis with intervertebral disc syndrome is rated at 40 percent, and his sciatic nerve radiculopathy of the legs has been rated as noncompensable throughout the period on appeal. The Board finds that these ratings are appropriate.

The Veteran's depressive disorder is found to be secondary to his service-connected cervical and lumbar spine disabilities. His lumbar spine disability, rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, has been granted a higher rating based on unfavorable ankylosis.

The Board has dismissed the appeal as the appellant requested withdrawal of his appeals for increased ratings for C5-6 herniated disc, right shoulder dislocation and left upper extremity radiculopathy.

The Veteran's combined disability rating was increased to 100 percent, effective January 20, 2012. The appellant is entitled to accrued benefits in excess of $9,038.00 due to the Veteran at his death.

The Board denied service connection for a low back disorder, finding that the current condition did not have its onset during active service or become manifest within the first post-service year and was not caused by any event, injury, or disease incurred in active service.

The Veteran's initial claim for a higher disability evaluation for degenerative disc disease and spondylosis of the lumbar spine was granted, with an effective date of December 30, 2005. The Veteran is now rated at 20 percent for this condition from that date forward. Separate evaluations of 10 percent each were assigned for right and left lower extremity radiculopathy from the same effective date.

The Veteran's left leg sciatica has been manifested by no more than mild incomplete paralysis, which is consistent with the currently assigned 10 percent rating. The Board finds that the schedular evaluation adequately contemplates his disability picture and does not warrant an extraschedular rating.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA medical records. The claims for service connection for right lower extremity radiculopathy, left lower extremity radiculopathy, and an acquired psychiatric disorder are also being addressed.

The Veteran's appeal is granted, with the exception of the claim for a compensable disability rating prior to March 1, 2011 for left upper extremity scar. The remaining claims are also granted.

The Board has remanded the case for further development, including obtaining medical records and providing an examination to determine if the Veteran's lumbar spine disorders are related to service.

The Board denied a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, but granted separate ratings for radiculopathy of the right and left lower extremities.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, and thus grants a TDIU rating on an extraschedular basis.

The Veteran's appeal is being remanded for scheduling an in-person hearing before a local hearing official at the Indianapolis, Indiana Regional Office.

The Veteran is found to be unemployable due to service-connected disabilities beginning April 26, 2013. The TDIU claim prior to this date is referred for extraschedular consideration.

The Veteran's claim for nonservice-connected pension benefits was denied as his service did not meet the threshold requirements. The Board also found that he should be afforded a VA examination to determine the etiology of any currently diagnosed acquired psychiatric disorder, including PTSD.

The Veteran's radiculopathy of the right lower extremity and left lower extremity have been granted effective from November 24, 2010.,An initial evaluation in excess of 20 percent for radiculopathy of the right lower extremity has been granted effective from March 5, 2009.

The Board has remanded the case for additional development, including obtaining SSA records and a VA examination. The Veteran's claims of service connection for cardiomyopathy and an increased rating for thoracolumbar spine disability are also being considered.

The Veteran's low back disability, left and right sciatic nerve impairments have been rated at 10 percent since August 22, 2014. The appeal for higher ratings is denied.