Radiculopathy & sciatica decisions — 2000

The Board denied the veteran's claim for extension of a temporary total disability rating due to failure to report for a VA examination scheduled in part to determine entitlement to the benefit of extension of a temporary total disability rating. The RO assigned a temporary total rating effective from December 22, the date of surgery until February 1, 1999.

The Board found that the veteran's lumbar disc disease with radiculopathy did not result in an increase in severity as a result of VA surgery performed in November 1986, and thus denied compensation benefits under 38 U.S.C.A. § 1151 for back disability.

The Board finds that the veteran's residuals of an electric shock injury, characterized as sciatic hypesthesia, cause no more than mild impairment and grants a 10 percent evaluation.

The Board denied service connection for the cause of the veteran's death, finding that his service-connected back disability did not contribute to his death.

The Board denied the veteran's claims for service connection and an increased rating, finding no evidence of a current low back disorder related to his military service or a service-connected disability. The cervical spondylosis with right radiculopathy C5-C6 was rated at 40%.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound is denied as he does not meet the criteria for either benefit.

The veteran's appeal for a higher rating on his neck injury with cervical radiculopathy was dismissed due to the death of the veteran during the pendency of the appeal.

The veteran's low back disorder, diagnosed as degenerative disc disease with sciatic neuropathy, has been rated at 60 percent since the date of her claim. This rating is based on the severity of symptoms including pain and neurological deficits.

The veteran is seeking an increased rating for his service-connected lumbosacral strain with radiculopathy, currently rated at 40 percent. The Board has determined that additional development and adjudication are needed due to the lack of consideration of DeLuca factors in the previous examination report.

The veteran's claim for a higher initial evaluation for his service-connected low back pain with sciatica is being remanded due to the need for additional evidence and development.

The Board denied the veteran's appeal for an evaluation in excess of 10 percent for sciatic neuralgia, finding that it was not granted.

The VA has denied the veteran's claims for increased evaluations for his residuals of a gunshot wound and surgery of the right thigh, as well as his neuralgia of the sciatic nerve. The maximum schedular evaluation for these conditions is already in place.

The Board of Veterans' Appeals (Board) denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease of the lumbar spine and radiculopathy. The Board also found that there was no evidence to support a secondary service connection for depression.

The Board denied the veteran's claims for an increased evaluation for his back disability and TDIU due to service-connected disabilities.

The Board found that the veteran's claims for hearing loss, loss of visual acuity, and hypothyroidism (to include as due to an undiagnosed illness) are not well grounded. The other conditions were also not well grounded.

The veteran's increased rating claims for various service-connected disabilities are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board has granted a 60 percent disability rating for the veteran's lumbar spine fusion at L5-S1 with radiculopathy, effective from the date of the decision.

The veteran's claim for non-service-connected pension benefits was denied multiple times, and the effective date of his award is set at June 11, 1997.

The veteran's service-connected lumbosacral strain with intermittent right sciatic neuralgia was rated at 40 percent since October 9, 1989. The appeal for higher ratings is denied.

The veteran's PTSD is granted, rated at 50 percent disabling. The neurological deficit in the right upper extremity is considered to be a manifestation of his service-connected post-operative cervical intervertebral disc syndrome and thus secondary to it. A separate compensable rating for tinnitus is assigned.