Radiculopathy & sciatica decisions — 2000

The veteran's claim for an increased evaluation of his cervical radiculopathy secondary to a fracture of C4-5 was denied. The VA found that the evidence did not support a higher rating than 40 percent, which is already in effect since March 29, 1991. For the temporary total disability rating under 38 C.F.R. § 4.29, the veteran's hospitalization from January to February 1991 was less than 21 days and not due to his service-connected disabilities. The claim for TDIU based on his service-connected cervical radiculopathy secondary to a fracture of C4-5 was also denied as the evidence did not show that his service-connected disabilities precluded him from engaging in substantially gainful employment.

The Board denied the veteran's claim for service connection for the cause of his death, finding that his suicide was not due to a service-connected disability and thus denying the claim.

The Board dismissed the appeal because a timely substantive appeal was not filed within 60 days of the issuance of the supplemental statement of the case in August 1998.

The Board denied the veteran's claim for an earlier effective date of July 29, 1997 for service connection due to chronic L4-5 lumbar sensory radiculopathy resulting from intervertebral disc displacement and focal lumbar stenosis secondary to his service-connected shrapnel wound.

The Board has determined that the appellant's low back disability warrants a 60 percent rating, effective from all periods during which this appeal has been pending.

The veteran's appeals for increased ratings on post-traumatic stress disorder, residuals of shell fragment wounds of the right hip with sciatic radiculopathy of the right lower extremity, and bilateral hearing loss have been dismissed.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for post-traumatic arthritis of the left wrist and service connection for carpal tunnel syndrome of the left wrist as secondary to a service-connected disability. The veteran is currently seeking further clarification on his burn pit exposure claim.

The Board has determined that the veteran's lichen planus is currently rated at 30 percent disabling from July 16, 1995 to August 25, 1999 and as 50 percent disabling from August 26, 1999. The issues of propriety of ratings for lichen planus and degenerative joint disease of the cervical spine with radiculopathy have been denied.

The Board has denied the veteran's claims for service connection and an increased rating for his cervical spine disability, finding that the evidence does not support a grant of these benefits.

The veteran's service-connected lumbosacral spine disability is rated at a maximum of 60 percent, the highest schedular rating available under VA guidelines.

The Board denied the veteran's claim for service connection for residuals of a spinal injury, concluding that neither lumbar disc disease with radiculopathy nor arthritis is associated with his military service.

The Board has determined that the veteran's service-connected right upper extremity radiculopathy due to cervical arthritis, spondylosis and stenosis warrants a 40 percent rating. The limitation of motion in his cervical spine is rated at 30 percent under DC 5290. The peptic ulcer has been rated at 20 percent since September 1978.

The Board found that the appellant's back disability, including degenerative disc disease, arthritis, radiculopathy, and ankylosing spondylitis, was not incurred or aggravated by service. The congenital anomaly of the lumbosacral spine with asymmetric facet joints at L5-S1 with sclerosis was determined to be a defect rather than a disease, and thus not subject to service connection.

The Board has granted a 60 percent evaluation for chronic low back pain with L5 radiculopathy effective from November 18, 1997. The veteran's service-connected disability is sufficiently disabling as to preclude securing or following substantially gainful employment.

The Board has determined that the veteran's low back disability warrants a 60 percent evaluation, which is the maximum available under current VA rating criteria.

The Board denied the veteran's claims for service connection for urinary incontinence and an increased rating for right-sided cervical radiculopathy, finding that there was no evidence of a direct relationship to his service-connected conditions.

The veteran's appeal for a higher rating for his back condition was granted, and he is now rated at 60 percent. Service connection for reflux laryngitis claimed as a digestive problem was also granted.

The veteran's unauthorized non-VA medical care and services on November 27, 1997 were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health. Therefore, the claim for payment or reimbursement is denied.

The veteran's service-connected conditions, including PTSD, were evaluated and increased ratings were granted.

The Board has determined that a rating of 60 percent for cervical disc disease with spinal stenosis and degenerative arthritis with bilateral cervical radiculopathy is warranted.