Radiculopathy & sciatica decisions — 2001

The veteran's service-connected lumbosacral strain is not more than 20 percent disabling according to the applicable schedular criteria.

The Board denied the veteran's claims for service connection for lumbar disc herniation secondary to his lumbosacral strain disability and an increased evaluation for residuals of chronic lumbosacral strain and partial left sciatica, finding that the veteran's current low back symptoms are not proximately due to or the result of his service-connected condition.

The Board denied service connection for a right knee disorder and the evaluation of post-operative lumbar decompression laminectomy with arthritis and sciatic/spasms. The March 20, 1981 rating decision was not found to contain clear and unmistakable error.

The veteran's cervical spine, right knee, and headache disabilities were granted increased ratings. The PTSD rating was also granted, but the left corneal scar did not meet the criteria for an increased rating.

The Board has remanded the case for additional development due to changes in the law and incomplete information.

The Board has granted increased ratings for the veteran's service-connected gunshot wounds to Muscle Groups XVII and VIII, as well as associated neurological symptoms. The veteran now receives a combined rating of 40%.

The Board has denied the veteran's claim for an initial evaluation in excess of 20 percent for his service-connected intervertebral disc syndrome with left leg radiculopathy.

The veteran's claim for service connection for a right knee disorder was denied, but his claims for increased ratings and total disability rating based on individual unemployability were granted.

The Board has granted an initial evaluation of 20 percent for the veteran's lumbar spinal stenosis with impingement of sciatic nerve at L4-5 and L5-S1, effective from May 16, 1997.

The veteran's service-connected cervical strain with myalgia is granted a rating in excess of 30 percent, and his additional service-connected degenerative joint disease, spondylosis, and foraminal stenosis of the cervical spine with radiculopathy are found to be directly related to service.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The Board's April 1999 decision was dismissed as the issues were not within its jurisdiction.

The veteran's claims for increased ratings and effective dates were granted, with the effective date set at June 5, 1987.

The Board has determined that the veteran's service-connected degenerative arthritis of the cervical spine, status post decompressive laminectomy, warrants a disability evaluation in excess of 40 percent.

The Board has determined that the veteran's fatal right lung broncheoalveolar cell carcinoma was not incurred in service or a result of any service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's claim for service connection is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's service-connected cervical and lumbar spine disabilities have been rated as noncompensable, with no evidence of higher ratings due to additional disability or symptomatology.

The veteran's migraine headaches are rated at 50% effective January 2, 2001. The low back disability with left leg radiculopathy is rated at 40%. The tender scar of the right breast remains at 10%. These ratings reflect the severity and impact on the veteran's daily life.