Radiculopathy & sciatica decisions — 2002

The Board has determined that the veteran's service-connected back disability does not warrant a higher rating than the current 40 percent evaluation.

The veteran has withdrawn their appeal regarding the initial disability rating for lumbar disc disease with right lower extremity radiculopathy, which was previously described as low back pain with a history of strain and psychogenic pain disorder.

The VA determined that the veteran's service-connected compression fracture of T-9 vertebra with radiculopathy does not warrant a rating higher than 50 percent.

The Board has determined that the veteran's service-connected myofacial pain syndrome, lumbosacral spine, with L5 radiculopathy does not warrant an evaluation in excess of 40 percent. Additionally, the evidence does not support a finding that he is unemployable due to his service-connected disability.

The Board found that the veteran did not timely and adequately perfect an appeal of his claims for increased ratings for right leg stress fracture, bilateral foot stress fractures, pes cavus, left hip bursitis, lumbar paravertebral myositis, and clinical left L4-L5 S1 radiculopathy. The decision also noted that the veteran's claim for service connection for status post residuals of a stress fracture of the proximal and distal tibia of the left leg was granted in March 1995.

The veteran's service-connected low back disability is rated at 60 percent from January 13, 1997.

The veteran's service-connected intervertebral disc bulging at C5-C6 and C6-C7 levels with hypertrophic spur formation and history of radiculopathy is manifested by severe limitation of motion, characterized by pain on movement and little intermittent relief. The Board finds the evidence demonstrates the requisite objective manifestations for a 60 percent disability evaluation.

The veteran's service-connected intermittent transient large bowel obstruction, status post colostomy is rated at 10 percent. Service connection for sciatic nerve involvement and paresthesia of the right foot are granted as secondary to his service-connected gunshot wounds.