Radiculopathy & sciatica decisions — 2000

The Board has determined that the veteran's claim for service connection for herniated nucleus pulposus with left leg radiculopathy is not well-grounded and therefore denied.

The Board denied the veteran's claim for service connection as there was no competent medical evidence linking his current neck disorder with right shoulder and arm radiculopathy to service.

The Board found no competent medical evidence linking the veteran's current back disorder to her active service, and thus denied her claim for service connection.

The Board denied the veteran's claims for service connection for cervical radiculopathy and an increased evaluation for postoperative residuals of L5-S1 discectomy. The veteran was not granted service connection for these conditions, and his claim for a higher rating for his back disability remains pending.

The veteran's combined evaluation for his disabilities is 70 percent, which does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The veteran's back disability, rated at 20 percent, is now increased to 60 percent due to its severity and impact on his daily life. The Board also granted TDIU based on the service-connected disability.

The veteran's disabilities do not meet the requirements for a permanent and total disability rating for pension purposes as they do not render it impossible for the average person to follow a substantially gainful occupation.

The Board found that the veteran's low back disability, manifested by subjective functional loss and radiating pain, did not meet the criteria for a rating in excess of 20 percent.

The Board has determined that the veteran's claims for higher ratings for left shoulder suprascapular nerve injury and cervical stenosis with a history of radiculopathy are not supported by the evidence, as there is no basis to assign compensable or higher ratings under applicable VA rating criteria.

The Board denied service connection for adhesive capsulitis of the right shoulder and brachial plexus radiculopathy of both arms, finding that there is no medical evidence linking these conditions to service or any event in service. The cervical spine disability was granted a 10% evaluation.

The Board found that the veteran does not have L5-S1 radiculopathy and denied his claim for higher disability evaluation for chronic mechanical low back pain. The current rating of 20% is appropriate given the veteran's symptoms.

The veteran's service-connected sciatic nerve impairment is currently rated at 60 percent, and the RO has granted a disability evaluation in excess of 20 percent for his shell fragment wounds to the right calf and foot (Muscle Groups X and XI), but denied an increased rating for his residuals of shrapnel wound to the right buttock and thigh (Muscle Groups XVII and XIII).

The Board has determined that the veteran's lumbar spine disability warrants a 60 percent rating, reflecting severe symptoms including persistent S1 radiculopathy and marked limitation of motion.

The Board has determined that the veteran's cervical spine and low back disorders did not develop during service, and her arthritis of both shoulders is not related to service. The claims are therefore denied.

The Board has granted increased ratings for the appellant's service-connected gastroesophageal reflux disease/hiatal hernia and left pubic ramus fracture with left lumbar plexopathy/radiculopathy, both currently rated at 10 percent.

The case is being remanded for further development and evaluation of the veteran's service-connected disabilities, including right knee and low back conditions. The RO will consider whether separate ratings are warranted for arthritis and neurological impairment due to the service-connected back disability.

The Board denied the veteran's claims for service connection for residuals of a cervical cord injury with myelopathy and radiculopathy, claimed as a broken neck, and for numbness of both hands as a result of herbicide exposure. The reasons given were that there was no evidence showing these conditions were related to service or due to herbicide exposure.

The veteran's cervical spine disability with left arm radiculopathy is currently rated as 20 percent disabling, and the Board finds that a higher rating of 60 percent is warranted. The right knee arthritis is not compensable under current criteria, while the left knee arthritis warrants an increased rating to 20 percent. Genital herpes does not warrant a compensable evaluation.

The Board has determined that the veteran's service-connected chronic lumbar strain warrants a disability rating of 40 percent, and his right leg radiculopathy with decreased strength involving plantar flexion of the right foot warrants a disability rating of 10 percent.

The Board denied the appellant's claims for service connection due to lack of evidence linking his current disabilities to service, and also denied a temporary total rating based on hospitalization. The cervical spine disability was presumed as within one year of separation from service.