Radiculopathy & sciatica decisions — 2000

The Board found no evidence linking the veteran's right upper extremity disorder to his active duty service, including his service in the Persian Gulf. The claim was denied.

The Board denied the veteran's claims for earlier effective dates for service connection and TDIU, finding that the correct effective date was November 22, 1996.

The Board has determined that the veteran's VA disability compensation is subject to recoupment of separation pay, and service connection for a deviated nasal septum is granted. The remaining issues are pending further review.

The veteran's cervical and lumbar spine disorders are rated at 30 percent and 40 percent, respectively, effective October 1, 1993.,The residuals of the left orchiectomy are currently rated at 10 percent.

The appellant's claim for special monthly pension based on the need for regular aid and attendance of another or at the housebound rate is remanded due to the need for additional evidence and a VA examination.

The Board found that the veteran's right foot drop and radiculopathy were not caused or worsened by VA treatment, resulting in a denial of the claim.

The Board denied an increased evaluation for the appellant's service-connected degenerative disc disease of the lumbar spine, finding that the current rating adequately reflects his disability.

The Board denied an increased evaluation for the veteran's cervical spine disability and granted a 10 percent evaluation for his hypertension, effective September 1, 1992.

The veteran's postoperative residuals of a back injury with sciatica, lateral recess stenosis, and right thigh pain are rated at 60 percent. The residuals of his right lower leg shrapnel wound are rated at 20 percent.

The Board granted service connection for various conditions and assigned a 10 percent disability evaluation to the fracture of the left ankle. Service connection was also established for first degree atrioventricular block, chronic obstructive pulmonary disease (COPD), sinusitis, recurrent ear, nose, and throat infections, hiatal hernia, gastritis, and cervical spine radiculopathy. The claim for service connection for rib pain was denied as not well grounded.

The veteran's service-connected disabilities, including his anxiety reaction and chronic low back pain, prevent him from engaging in substantially gainful employment compatible with his training and experience.

The Board has reopened the claim for service connection for a chronic acquired psychiatric disorder due to new evidence. The claim for service connection for a cervical spine disorder remains not well grounded.

The veteran's disability of the lumbar spine, including neurological symptoms and weakness in the upper extremities, is now rated at 60 percent. The claim for service connection for headaches has been granted.

The Board has determined that the veteran did not file an adequate substantive appeal for all issues listed, and thus lacks jurisdiction to consider these claims.

The Board has granted a rating of 60 percent for the veteran's service-connected residuals of a laminectomy at L4 and L5, finding that these symptoms meet the criteria for pronounced intervertebral disc disease.

The veteran's low back disability is currently rated as 20 percent disabling. The Board finds that the preponderance of the evidence does not support a higher rating, and his claim for TDIU is also denied due to his ability to work.

The Board denied the veteran's claims for increased rating and service connection, finding that his disability did not warrant a higher rating than 20 percent. The claim of reopening the fallen arches and pes planus was also denied.

The Board denied the veteran's claims for service connection for bilateral hearing loss, depression, and lumbosacral strain with right sciatic irritation. The decision also determined that no new and material evidence had been submitted to reopen his claim of entitlement to service connection for a back disability.

The Board has determined that the veteran's claims for service connection for hearing loss, carpal tunnel syndrome, and back disorder are not well grounded. The claim of increased rating for iliotibial band tendinitis is denied.

The Board has determined that the veteran's diagnosed degenerative changes of the cervical spine with nerve root irritation and C-6 radiculopathy were incurred in service, granting service connection for this condition.