Radiculopathy & sciatica decisions — 2000

The Board has determined that the veteran's service-connected mechanical low back pain with history of herniated nucleus pulposus, L5/S1, with radiculopathy warrants a 20 percent evaluation since April 10, 1998.

The Board denied the veteran's claim for service connection for a lumbar spine disability, finding no competent medical evidence linking it to his military service.,For the left TMJ internal derangement with probable anterior dislocation of meniscus and degenerative joint disease, the initial evaluation was 10 percent from February 1, 1993. The subsequent evaluations were 20 percent from February 7, 1995 to February 6, 1996, and 30 percent thereafter.

The veteran's service-connected traumatic left sciatic nerve injury with denervation of the left gastrocnemius muscle is currently rated at 20 percent, and no higher. The condition manifests as moderately severe muscle injury and moderate incomplete paralysis.

The Board has granted a 40 percent disability rating for service-connected residuals of lumbosacral surgery effective August 3, 1996. The claim for an earlier effective date for the 60 percent rating is denied.

The veteran's service-connected disabilities do not meet the schedular criteria for a total rating, and his current employment constitutes substantially gainful employment. The Board concludes that the preponderance of the evidence is against the claim for a total rating based on individual unemployability due to service connected disabilities.

The veteran's claims for service connection and initial ratings were granted, with the exception of the lumbar strain claim which was denied. The veteran is entitled to a 10 percent evaluation for hiatal hernia prior to November 16, 1998, and from that date forward.

The Board denied the veteran's claim for special monthly pension benefits due to a lack of evidence showing he needs regular aid and attendance or is housebound.

The veteran's claim for an increased rating for his service-connected compression fracture of T9 vertebra with radiculopathy was denied. The current evaluation is 50 percent, which includes a 40 percent rating under Diagnostic Code 5293 (Intervertebral disc syndrome) and an additional 10 percent based on the presence of deformity of a vertebral body.

The veteran's right anterior thigh radiculopathy is found to be secondary to his service-connected low back disorder and thus granted.

The Board of Veterans' Appeals denied the reopening of the veteran's claim for service connection for cervical strain due to lack of new and material evidence, maintaining the previous denial.

The Board has granted increased ratings for the veteran's service-connected cervical spine and low back disabilities, with a rating of 20 percent for each condition.

The Board finds that the veteran's current manifestations of chronic low back pain with spondylolysis and radiculopathy do not warrant an evaluation in excess of 20 percent.

The Board denied the veteran's claims for service connection for left leg disability and compensation under 38 U.S.C. § 1151, as well as his increased rating claim for colostomy residuals. The decision found that new evidence did not establish a link between the veteran's current disabilities and his active duty service or service-connected conditions.

The veteran's claim for an increased evaluation of his service-connected lumbar degenerative disc disease with left S1 radiculopathy was denied. His claim for a total rating based on individual unemployability due to service-connected disabilities was also denied.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptations benefits.

The VA determined that the veteran's postoperative lumbar intervertebral disc syndrome with left lumbar radiculopathy does not warrant a rating higher than 40 percent.

The Board found that the veteran's service-connected low back disability, characterized as lumbar radiculopathy with sciatica, is productive of severe intervertebral disc syndrome with characteristic pain and radiculopathy, and severe limitation of motion. The current rating of 40 percent is deemed sufficient.

The Board has granted a noncompensable rating for the veteran's cervical spine disorder and a 10 percent rating for his T10-11 disc space narrowing with Schmorl's node, effective from the date of the claim.

The Board granted a 50 percent evaluation for postoperative residuals of surgery for herniated nucleus pulposus (HNP) of the cervical spine with osteoarthritis and upper extremity radiculopathy, effective February 26, 1993. The veteran's claim for total rating based on individual unemployability due to service-connected disabilities was also granted since March 1, 1997.

The veteran's appeal was granted, and he is now entitled to service connection for his claimed conditions. However, the specific rating assigned and effective date are not provided in this decision.