Radiculopathy & sciatica decisions — 2001

The VA determined that the veteran's cervical spine disability, which includes a left centrolateral C5 to C6 disc lesion with left upper radiculopathy, does not warrant an evaluation in excess of 20 percent.

The Board finds that the veteran's low back disability, which resulted from a VA procedure in July 1987, caused additional disabilities of his right leg, foot, and left upper leg. The decision grants compensation for these disabilities.

The Board denied the appellant's claims for service connection for PTSD and an increased rating for his lumbar spine disability, finding that there was insufficient evidence to support these claims.

The Board denied the veteran's claims for service connection for various conditions, including narcolepsy, carpal tunnel syndrome of the left wrist, tendonitis (claimed as left arm pain), hypertension, sinus bradycardia, lumbosacral strain with degenerative joint disease and sciatica, and cervical degenerative joint disease. The appeal is denied.

The veteran's service-connected arthritis of the cervical spine with foraminal encroachment and radiculopathy is rated at 40 percent, which is the highest rating available for this condition. The veteran's thoracic spine disability remains at a 10 percent rating.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 and service connection for PTSD and depression were denied due to lack of evidence showing that the back surgery caused his current conditions.

The veteran's claim for an increased rating for his service-connected chronic lumbosacral strain, with bilateral radiculopathy, muscle spasms, and intermittent paresthesias is being remanded due to the need for a new VA examination.

The veteran's claim for nonservice-connected pension benefits was granted effective from September 2, 1997. The effective date is not earlier than the date of receipt of his reopened claim on March 31, 1994.

The veteran's claim for service connection was granted effective March 5, 2000. His right L4 radiculopathy, degenerative joint disease of L5-S1 and lumbar myositis is currently rated at 40%.

The Board has restored the veteran's 60 percent disability evaluation for his service-connected low back disability and denied an increased rating, finding that the evidence did not demonstrate improvement warranting a higher evaluation.

The Board denied an increased rating for the veteran's service-connected low back disorder, but granted a 40% rating effective from July 31, 1998. The veteran appealed the effective date.

The Board granted a 40 percent rating for the service-connected spondylolisthesis at L5 with sciatica, effective July 18, 2001. The claim for an increased rating for postoperative residuals of recurrent bilateral inguinal hernia was denied.

The Board has determined that further examination is needed to properly evaluate the veteran's service-connected disabilities, including left sciatic nerve injury and shell fragment wounds of the left buttock, left forearm, and right foot. The RO should ensure all requested development is completed.

The veteran's combined disability rating is 60%, which does not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claim for service connection for cervical spine arthritis with radiculopathy, finding that there was no evidence of a direct relationship between his in-service injuries and his current condition.

The Board has determined that the veteran's low back disability, now described as post-traumatic discogenic disease of the lumbosacral spine with L5-S1 disc herniation and radiculopathy, is manifested by pronounced intervertebral disc syndrome, warranting an increased rating of 60 percent under Diagnostic Code 5293.

The veteran's claim for an increased evaluation of his service-connected lumbar spine disability was granted effective October 15, 1999. The Board found that the earlier April 1996 claim was abandoned due to the veteran's failure to provide missing evidence within one year after being requested to do so.

The Board denied the veteran's claim for an increased evaluation of his post-traumatic lumbar disc disease with fusion at L2-L4, stenosis at L5-S1, and radiculopathy, as it did not meet the criteria for a higher schedular evaluation.

The Board has determined that the veteran's PTSD symptoms prior to February 25, 1998 more closely approximated a 100 percent schedular rating.

The Board has determined that the veteran's traumatic sacro-iliac joint strain, with herniated nucleus pulposus and left L5 radiculopathy warrants a 60 percent disability evaluation.