Radiculopathy & sciatica decisions — 2001

The Board found that the January 1992 rating denial of service connection for chronic low back pain with radiculopathy did not involve CUE, and that new and material evidence was not submitted to reopen the claim of entitlement to service connection for low back disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for multiple disabilities of the spine, including degenerative disc disease, osteoarthritis, disc herniation, and sciatica. The Board also found that these conditions are causally related to service.

The Board has determined that the appellant's degenerative disc disease of the lumbar spine warrants a 60 percent evaluation, which is more than the maximum available under the applicable criteria.

The veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to assess the nature and etiology of his back disorders.

The veteran's claim for an initial evaluation in excess of 20 percent for lumbar back pain with sciatica was denied by the RO. The RO had previously granted service connection and assigned a 10 percent rating, which was later increased to 20 percent.

The Board has determined that the veteran's PTSD was incurred during his active service, and thus grants service connection for this condition. The issues of back condition with radiculopathy and bilateral knee condition are remanded due to insufficient evidence.

The veteran's service-connected degenerative arthritis and disc disease of the lumbar spine, with left sciatic radiculopathy, status post diskectomy, left L4-L5 and L5-S1, is currently rated at 60 percent. This rating reflects pronounced symptoms including pain, muscle spasms, weakness, and limited range of motion.

The Board denied the veteran's claims for an earlier effective date for service connection and a noncompensable rating for her headache condition.

The veteran's low back disability has been rated at 60 percent since July 12, 1995. The effective date for this rating is July 12, 1995.

The Board has granted a 60 percent evaluation for the service-connected clinical right L4, bilateral L5-S1 lumbar radiculopathy with degenerative joint disease, bulging L2, L3 and L4.

The veteran's service-connected bilateral pes planus has aggravated his nonservice-connected degenerative and discogenic disease of the lumbar spine, resulting in radiculopathy. The Board finds that this constitutes a classic Allen situation where the aggravation is proximately due to the service-connected condition.

The Board has determined that the veteran's service-connected degenerative disc syndrome of the lumbosacral spine warrants a disability evaluation in excess of 40 percent, as it is manifested by pronounced symptoms including pain on motion and muscle spasm with little intermittent relief.

The Board has denied the appellant's claims for increased disability evaluations for his service-connected traumatic deformity of the lumbar spine, dorsal spine, and sciatic neuritis, right, mild.

The Board found no evidence that the veteran's left leg pain and sciatica resulted from VA treatment, thus denying his claim for benefits under 38 U.S.C.A. § 1151. The veteran's neuropathy of the left radial nerve is currently evaluated at 20 percent.

The Board denied the veteran's request for a rating greater than 20 percent for right upper extremity polyradiculopathy from September 11, 1989 through January 25, 1996.

The Board granted the veteran's claim for special monthly pension based on the need for regular aid and attendance of another person, effective April 22, 2019.

The veteran's special monthly compensation at the housebound rate was granted from August 11, 1997 to September 30, 1998 due to his service-connected right total hip replacement. The appeal for this benefit is denied as of September 30, 1998.

The Board denied the veteran's claim for service connection for neuropathy, finding that there was no evidence of a link between his current conditions and his military service or exposure to Agent Orange.

The veteran's service-connected disabilities continued to preclude him from securing or following a substantially gainful occupation, and the Board found that he was entitled to a total rating based on individual unemployability due to service-connected disabilities effective from December 21, 1948.

The Board has determined that the veteran's service-connected residuals of a fractured right femur with femoral and sciatic nerve damage and complete foot drop warrant an 80 percent disability rating, which is the maximum schedular evaluation available under Diagnostic Code 8520.