Radiculopathy & sciatica Board decisions

The Veteran's combined disability rating is currently 40 percent, effective from February 2, 2006. The Board finds no error in the calculation and denies the claim for a higher combined rating.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, requiring assistance with daily activities such as dressing, grooming, bathing, preparing meals, managing medications, toileting, transfers, and attending to the needs of nature. The Board has granted SMC based on the need for regular aid and attendance.

The reduction of the Veteran's chronic low back strain disability rating from 40 percent to 20 percent was proper based on recent VA examinations showing improvement in his condition.

The Board denied the Veteran's claims for service connection for bilateral lower extremity radiculopathy, a rating in excess of 20 percent prior to April 4, 2007, and in excess of 40 percent since April 4, 2007, for his low back disability, and entitlement to TDIU.

The Veteran's claim for an effective date earlier than October 14, 2008 for the grant of a TDIU rating was denied. The Board found that he is not entitled to extraschedular consideration under 38 C.F.R. � 4.16(b).

The Board has granted a 20 percent evaluation for the service-connected DDD of the lumbar spine and a separate 10 percent evaluation for left lower extremity radiculopathy, effective from March 6, 2009.

The Veteran's appeal is remanded for further development, including an updated VA examination and obtaining additional VA treatment records. The case will be reviewed again based on the additional evidence.

The Board found that the Veteran's claimed left leg, hip, sciatic nerve, and buttock disorders are not related to his period of active service.

The Board has determined that the Veteran's radiculopathy of the bilateral legs is not related to his service-connected right shoulder disability and thus, denied these claims.

The Veteran's claims for service connection, an extraschedular evaluation, and TDIU were denied. The Board found that the criteria for an extraschedular rating prior to January 25, 1994 are not met, and that the criteria for a TDIU since April 1, 2002 have not been met.

The Veteran's left leg radiculopathy is rated at 20 percent from September 27, 2005 to December 29, 2008.

The Board has remanded the case for further development to determine if the Veteran is unemployable due to his service-connected disabilities.

The Veteran's service-connected right lower extremity sciatica with L5 radiculopathy is productive of a disability picture which more nearly approximates moderate incomplete paralysis of the sciatic nerve, warranting a 20 percent rating.

The Board found that the Veteran does not have a current low back disability or sciatic pain that was incurred in service, and thus denied her claim for service connection.

The Veteran has withdrawn his appeals for higher initial ratings in excess of 20 percent for lumbar intervertebral syndrome, status post surgery with residual scars, and a higher initial rating in excess of 10 percent for radiculopathy of the left lower extremity.

The Veteran's combined initial rating for service-connected disabilities was granted effective from September 20, 2001 and increased to a combined 100 percent rating effective from October 10, 2007. The appeal is denied as the claimant has not provided evidence of unemployability due solely to service-connected disabilities prior to this date.

The Veteran's unauthorized medical expenses for emergent care on March 19, 2010 are granted as the services were provided in an emergency department and a prudent layperson would have expected immediate medical attention due to her severe back pain.

The Veteran's claim for an increased rating for lumbosacral radiculopathy was denied, and the assignment of an effective date prior to December 16, 2003 for TDIU was also denied. The case is pending further review by the Compensation Director.

The Board has granted a rating of 40 percent for the service-connected left sciatic neuritis from July 23, 2009 to October 22, 2011. The Veteran's symptoms have been characterized by radiating pain and weakness in his left leg.

The Veteran's service-connected disabilities do not result in loss of use of a lower extremity, and therefore he does not meet the criteria for specially adapted housing assistance.