Radiculopathy & sciatica decisions — 2000

The Board finds that the evidence is in equipoise on whether the veteran has a disability of the left chest wall/upper abdomen and if it is related to an injury during active service. Therefore, service connection for thoracic radiculopathy is granted.

The Board has determined that the veteran's claim for service connection for a bilateral ear disorder, to include bilateral hearing loss is well grounded. However, further examination and development are needed before the merits of this claim can be evaluated.

The Board denied the veteran's claims for higher evaluations for his lumbar spine disability and genital herpes, finding that the evidence did not support a rating in excess of 10 percent for either condition.

The Board found that the veteran's claims for higher ratings were not well-grounded, and thus denied them.

The Board has granted a disability rating of 60 percent for the residuals of a low back injury with radiculopathy, effective from the day following the veteran's separation from service. Ratings in excess of 20 percent have been denied for right shoulder strain and left shoulder strain, and ratings in excess of 10 percent have been denied for right carpal tunnel syndrome and left carpal tunnel syndrome.

The veteran's cervical and lumbar spine disabilities are being remanded for additional development, including obtaining Social Security Administration records and VA outpatient treatment records. The RO will also schedule the veteran for examinations to assess his current disability levels.

The Board has granted a higher rating of 60 percent for the veteran's chronic low back pain with lumbosacral radiculopathy since January 1997, as it is productive of pronounced intervertebral disc syndrome.

The Board has denied the veteran's claims for service connection for a herniated disc at L5-S1, status post diskectomy and increased evaluations for cervical spine degenerative changes with radiculitis and right shoulder bursitis. The evidence does not support a finding of a nexus between these conditions and the veteran's military service or service-connected disabilities.

The veteran's service-connected fibromyositis of the lumbar spine is rated at 20 percent, and there is no basis for a separate rating based on multiple noncompensable disabilities.

The veteran's low back strain is rated at 40 percent, the highest available under Diagnostic Code 5295.

The Board denied a compensable rating for the veteran's thoracic radiculopathy, T3-T4, finding that there were no objective findings equivalent to moderate incomplete paralysis or limitation of thoracic motion due to weakened movement, pain, fatigue, or loss of coordination.

The Board denied the veteran's claims for service connection for lumbar radiculopathy L4-L5 with degenerative joint disease and a right hip condition, both secondary to his service-connected right knee condition. The decision found that there was no competent medical evidence linking these conditions to his service-connected right knee condition.

The Board has determined that the veteran's service-connected back disorder warrants a disability rating of 40 percent, effective November 3, 1997.

The Board has determined that the claim for service connection for lumbosacral radiculopathy is not well-grounded because there is no competent evidence showing a current disability due to disease or injury incurred in or aggravated by service.

The VA determined that the veteran's low back disability, characterized as low back strain with associated radiculopathy, does not meet or approximate the criteria for a higher evaluation beyond the current 20 percent rating.

The veteran's claim for a permanent and total disability rating for pension purposes was denied as his disabilities do not meet the criteria set forth in VA regulations.

The VA determined that the veteran's lumbar strain with radiculopathy warrants a rating of at least 40 percent, but not more. The evidence did not show persistent symptoms compatible with sciatic neuropathy.

The veteran's low back disability is rated at 40 percent, and his lipoma of the left lateral lumbar area does not meet criteria for a compensable rating.

The Board has reopened the claim of service connection for a right arm/wrist disorder and found it well grounded. The case is now remanded to consider whether there was clear and unmistakable error in the February 1980 rating decision denying service connection.

The Board denied the veteran's claims for increased evaluation and TDIU due to lack of evidence showing progression or worsening of his service-connected lower back disability, but found that he was not unemployable based on this condition.