Radiculopathy & sciatica Board decisions

The Veteran's claims for increased ratings for cervical spine disability, left and right upper extremity radiculopathy were denied as his conditions did not warrant a higher rating based on the current evidence of record.

The Board has granted service connection for bilateral hearing loss and finds that the Veteran's current back disability is related to his in-service injury. The appeal of service connection for a back disability is addressed in the REMAND portion of this decision.

The Veteran's claims for increased ratings have been denied as the current single 10 percent rating assigned to tinnitus, mechanical lumbar syndrome with recurrent lumbar strain, and sciatica are the maximum schedular evaluations permitted under VA rating criteria.

The Veteran's thoracolumbar spine disability, including degenerative arthritis, and sciatic neuropathy and/or lumbar radiculopathy of the right and left lower extremities are found to be related to his in-service injury. Service connection is granted for these conditions.

The Board denied service connection for radiculopathy of the lower extremities and an acquired psychiatric disorder (claimed as passive aggressive personality with suicide attempt) in August 1986. The claim for special monthly compensation based on need for regular aid and attendance or housebound status was not addressed.

The Veteran's claim for an earlier effective date for a separate rating for left upper extremity radiculopathy is denied as the evidence does not show that a compensable rating was warranted prior to February 24, 2011.,The Veteran's claim for increased ratings for his left ankle disability and left foot disability are denied as there is no evidence of moderate or marked limitation of motion within one year prior to the date of receipt of his claim.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and associated radiculopathy, have rendered him unemployable as of May 12, 2011. The Board finds that a TDIU is warranted based on the combined effect of his service-connected conditions.

The Veteran's radiculopathy of the right and left lower extremities is currently rated at 20 percent, which corresponds to moderate incomplete paralysis of the sciatic nerve. The evidence supports this rating as it indicates moderate symptoms including numbness, tingling, and pain in both legs.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination. The claims for increased ratings for bilateral lower extremity sciatica and for TDIU will be readjudicated after the development.

The Veteran's bilateral pes planus has been rated as 30 percent disabling since August 6, 2013. The Board finds that the symptoms warrant a higher rating prior to this date.

The Board has found that new and material evidence has been received to reopen the claim of service connection for a low back disorder. The Veteran's degenerative disc disease (DDD) of the lumbar spine with arthritic changes is now considered service connected, as are her left lower extremity radiculopathy.

The Veteran's PTSD is rated at 50 percent, GERD at 10 percent, and right leg radiculopathy at 10 percent. The claims for increased ratings are granted.

The Veteran's low back disability and associated radiculopathies have been granted service connection, with a 10 percent rating for each condition.

The Board found that the Veteran's lumbar spine disorder is not directly related to his military service and denied the claim for direct service connection. The issue of secondary service-connection is being remanded.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issue of service connection for bilateral lower extremity radiculopathy, claimed as a leg condition, remains under review.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as his combined rating is 80 percent. The Board finds that the preponderance of evidence does not support a finding of unemployability solely due to these conditions.

The Veteran's claims for increased ratings and an effective date prior to May 27, 2011 were denied as it was not factually ascertainable that the Veteran's disabilities had increased within one year of his claim.,VA received notification of the Veteran's Social Security Administration (SSA) award in June 2011. The SSA decision did not consider all service-connected disabilities, and thus, VA determined that an effective date prior to May 27, 2011 for TDIU was granted.

The Veteran's claim for a higher initial rating for lumbar spine degenerative joint disease has been granted, with the effective date being August 1, 2010. The issue of an initial compensable rating for service-connected hemorrhoids is also addressed and resolved in favor of the Veteran.

The Board denied the Veteran's claims for higher ratings for radiculopathy of the left lower extremity associated with ddd of the low back, finding that his symptoms did not warrant a rating higher than 10 percent.

The Board has determined that service connection for radiculopathy of the left lower extremity is granted, as it is related to the Veteran's service-connected thoracolumbar spine disability.