Radiculopathy & sciatica decisions — 2000

The VA denied the claim for an evaluation in excess of 30 percent for low back strain with sciatica, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or severe lumbosacral strain.

The Board has granted a 40 percent rating for the veteran's service-connected low back pain with radiculopathy as of February 13, 1998. The previous ratings were not sufficient to reflect the severity of his condition.

The veteran's service-connected degenerative disc disease with sciatica and osteoarthritis lumbosacral spine is rated at 20 percent, while his service-connected migraine headaches are rated at 30 percent.

The veteran's service-connected conditions do not meet the criteria for special monthly compensation based on loss of use of the right foot or need for aid and attendance/housebound status.

The Board has granted the waiver of recovery of an overpayment of compensation benefits in the amount of $1,070 due to fault on both the part of the appellant and the VA, undue financial hardship for the appellant and his family, and the purpose of the benefits being defeated.

The Board has granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $670.00, finding that recovery would be against equity and good conscience.

The Board has determined that the veteran's claim for a compensable initial disability rating for residuals of a fracture of the right thumb is denied. The issue of service connection for residuals of a back injury is also denied as the evidence does not support a well-grounded claim.

The veteran's cervical herniated discs, post-operative, with radiculopathy are currently manifested by pain and limitation of motion without persistent symptoms of pronounced disability. The veteran's low back pain with degenerative changes is currently manifested by painful but essentially full range of motion.

The veteran is granted a 60% evaluation for herniated nucleus pulposus with radiculopathy effective August 20, 1994.

The Board found that there was no competent medical evidence linking a current neck disability to an incident of service or post-service symptomatology, and thus denied the veteran's claim for service connection.

The Board has granted a 60 percent disability evaluation for the veteran's degenerative disc disease of the cervical spine with left shoulder radiculopathy and thoracic outlet syndrome, finding that his symptoms are most accurately characterized by the criteria set forth for this condition.

The veteran's claim for increased ratings and effective dates related to his service-connected conditions has been granted by the Board of Veterans' Appeals.

The veteran is entitled to VA compensation benefits for the additional back disability, which consists of chronic low back pain with left L-5 radiculopathy, as a result of his July 1985 injury.

The veteran's back surgeries did not result in additional disability, and the Board denied compensation under 38 U.S.C.A. § 1151.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with bulging disc and radiculopathy has been granted, resulting in a 60 percent disability rating effective from the date of the RO's determination. The current rating is 40 percent.

The veteran's claim for a higher evaluation of degenerative arthritis of the cervical spine is being remanded due to an inextricably intertwined issue regarding service connection for radiculopathy and disc problems. The RO must adjudicate these issues before proceeding further.

The RO granted a 20 percent rating for the veteran's service-connected left knee disability, effective from December 1995. The RO also denied an increase in a 10 percent rating for his service-connected sciatic neuritis of the left leg.

The Board found that the appellant's current foot and back disorders are not related to his service, as there is no evidence of a connection between his in-service injury and his present disabilities.

The veteran's service-connected right forearm and hand injury has been granted a 70% rating, effective from March 23, 1993. His right lower extremity radiculopathy is rated at 10%. The psychiatric disorder remains denied on the basis of direct service connection.

The Board has reopened the veteran's claims of entitlement to service connection for osteoarthritis of the left knee, elbow, and degenerative disc disease of the lumbar spine with left leg radiculopathy. However, the evidence does not establish a nexus between these conditions and active service.