Radiculopathy & sciatica decisions — 2000

The Board granted an initial compensable rating of 10 percent for service-connected chronic cervical spine strain with recurrent left-sided torticollis, and denied a higher disability rating for the service-connected chronic low back pain syndrome with recurrent left leg radiculopathy.

The veteran's service-connected lumbar spine disability is rated at 60 percent, and his dorsal spine disability is rated at 20 percent. The claims for increased ratings are granted.

The veteran's appeal of the initial ratings for his service-connected L4-L5 disc bulge with radiculopathy and arthritis of the thoracic spine from T9 to T12 is denied as he is already receiving the maximum disability rating available under Diagnostic Code 5293 and 5285, respectively.

The Board has determined that the reduction of the veteran's disability evaluation from 40 percent to 10 percent, effective December 1, 1999 was not in accordance with law and thus restored the original 40 percent rating.

The Board has determined that the veteran's claim for service connection for a disorder manifested by memory loss is not well-grounded. The issues of increased evaluations for left nephrectomy, lumbosacral strain with arthritis and sciatic neuralgia, bronchitis with history of pulmonary fibrosis, and left ear hearing loss have been denied.

The Board has granted increased disability ratings for the veteran's service-connected sciatic nerve injury and partial foot drop, as well as post traumatic degenerative arthritis of the left hip. The claim for special monthly compensation based on loss of use of the left lower extremity is also granted. Service connection for secondary disabilities (chronic muscular strain and right hip) is granted.

The Board has granted an effective date of July 18, 1996 for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected low back disability.

The Board has determined that the veteran's claim for service connection for a sciatic nerve disorder is not well grounded, and thus denied.

The Board denied the veteran's claim for assistance in acquiring specially adapted housing or a home adaptation grant, finding that his loss of use of one lower extremity and related disabilities did not preclude locomotion without aid of braces, crutches, canes, or wheelchair.

The Board has granted service connection for DDD of the cervical spine and found that a higher rating is warranted for lumbosacral disc disease with sciatica. The effective date remains to be determined.

The Board denied the veteran's claims for an increased rating for his cervical spine disability and for retroactive dependency compensation benefits, finding that he did not meet VA requirements for submitting certified copies of documents related to his marital status.

The Board found that the veteran's claims for bilateral hallux valgus and a back disorder were not well-grounded, as there was no competent evidence linking these conditions to service.

The VA determined that the appellant's service-connected disabilities do not prevent him from engaging in substantially gainful employment based on his educational attainment and occupational experience.

The Board denied the veteran's claim for an increased rating, finding that his disability warranted a 20% additional rating for muscle involvement but not meeting the criteria for a higher 40% rating.

The veteran's claims for service connection and increased ratings were denied. The effective date for the current 20% rating for cervical spine disability was set at September 14, 1996.

The veteran's service-connected postoperative residuals of cervical laminectomy with degenerative changes and C5-C6 radiculopathy have been rated at 40 percent since August 24, 1996. The appeal for a higher rating is denied.

The Board finds that the veteran's renal failure, caused by medication for his service-connected back disability, contributed to his death. Service connection is granted for the cause of the veteran's death.

The veteran's claim for a total disability rating for pension purposes was denied. The Board found that he failed to present evidence of a well-grounded claim for service connection for back and lower extremity disabilities under the provisions of 38 U.S.C.A. § 1151.

The veteran's claim for an initial disability evaluation in excess of 10 percent for lumbar spinal stenosis with impingement of sciatic nerve at L4-5 and L5-S1 was denied by the RO. The case is being remanded to obtain additional medical records, conduct a VA examination, and consider whether staged ratings are warranted.

The VA denied the veteran's claim for an evaluation in excess of 20 percent for his L5-S1 degenerative disc disease, status post laminectomy with sensory radiculopathy.