Radiculopathy & sciatica decisions — 2002

The veteran's PTSD is rated at 100 percent disabling, and he has additional disabilities that independently rate at 60 percent or more. He is not in need of regular aid and attendance but is substantially confined to his dwelling due to multiple service-connected disabilities.

The Board has granted a 20 percent evaluation for the veteran's service-connected herniated nucleus pulposus, L5-S1 and cervical spine strain with left upper extremity radiculopathy since March 1, 1996.

The veteran's L4-L-5 bulging disc, lumbar myositis, and right L5 radiculopathy is rated at 60 percent disabling.

The veteran's claim for increased compensation for his back disability was granted, and he is currently rated at 40 percent disabling effective February 22, 1999.

The Board has reopened the veteran's claim of service connection for a left leg disability due to new and material evidence submitted since the October 1996 rating decision. However, the Board finds that there is no evidence showing a link between the veteran's current left leg symptoms and his in-service diagnoses or symptomatology.

The veteran's service-connected lumbosacral strain warrants a 60 percent rating, and his left and right knee disabilities each warrant a separate 10 percent rating.

The veteran's service-connected low back disorder, characterized by degenerative joint disease and lumbosacral radiculopathy, is now rated at the maximum allowable under Diagnostic Code 5293 due to pronounced symptoms including persistent sciatic neuropathy with characteristic pain and demonstrable muscle spasm.

The Board has determined that the veteran's service-connected cervical spine disability does not warrant a rating in excess of 40 percent, as it does not meet the criteria for a higher evaluation based on ankylosis or severe intervertebral disc syndrome. The chronic gastritis is also rated at its maximum allowable under VA regulations.

The Board has granted a 40 percent evaluation for the veteran's back disability, which is currently rated as 20 percent disabling.

The Board has reopened the veteran's claim of service connection for degenerative joint disease of the cervical spine with radiculopathy, but denied his request for an effective date prior to November 1, 1993, for TDIU benefits.

The veteran's low back disorder is currently rated at 40 percent, and his shoulder disability is rated at 20 percent. The Board finds that a higher rating for either condition is not warranted based on the evidence provided.

The Board granted service connection for left thoracic radiculopathy and assigned an initial rating of 20%. The veteran also requested an earlier effective date, which the RO denied.

The veteran's disabilities render him unable to adequately attend to the needs of daily living without the regular assistance of another person, warranting special monthly pension based on need for regular aid and attendance.

The Board denied the veteran's claim for an increased evaluation for his service-connected lumbar degenerative disc disease with left S1 radiculopathy, finding that the current 60 percent rating is the maximum allowed under the applicable diagnostic code. The issue of entitlement to total disability based on individual unemployability (TDIU) was not addressed as it was inextricably intertwined with the claim for an increased evaluation.

The VA determined that the veteran's herniated nucleus pulposus with sciatica does not warrant an evaluation in excess of 40 percent.

The VA denied a claim for an increased rating for herniated nucleus pulposus, with bilateral radiculitis and sciatica, currently rated at 40 percent.

The Board granted service connection for the veteran's lumbosacral strain and assigned a 10 percent evaluation effective from June 1, 1965. The RO also granted service connection for degenerative disc disease of L4-S1 with radiculopathy and assigned a 40 percent evaluation effective from May 15, 1997. The veteran's fractured left fibula was rated as noncompensable. Bilateral hearing loss was not considered due to lack of evidence.

The veteran's increased rating claim for lumbosacral strain with sciatic irritation was denied as the disability is currently evaluated at 40 percent. The service connection claim for right biceps tendon avulsion secondary to his service-connected lumbosacral strain was also denied.

The Board granted service connection for headaches and awarded an effective date of September 30, 1997, for the veteran's cervical spine condition.

The Board has determined that the veteran's current cervical spondylosis and related symptoms are not service-connected, as there is no evidence of a neck injury or disease during his active duty service. The Board found that the medical records do not support a direct link between the veteran's current condition and his military service.