Radiculopathy & sciatica decisions — 2003

The veteran's appeal is being remanded for further development due to the invalidation of certain regulations by a court decision. The case will be returned to the Board with additional evidence and consideration.

The Board denied the veteran's claim for service connection for PTSD and granted service connection for degenerative arthritis of the lumbar spine with sciatica, assigning an initial evaluation of 40 percent effective June 2001. The Board found that the overall level of impairment associated with the service-connected back disability most nearly approximates a 60 percent rating under pre-September 23, 2002 Diagnostic Code 5293 for intervertebral disc syndrome.

The Board has determined that the initial 20 percent rating for chronic low back pain with right L5-S1 radiculopathy was appropriate for the period preceding April 7, 1997. For the period beginning from April 7, 1997 to September 22, 2002, an initial 40 percent rating is granted.

The veteran's initial ratings for residuals of a cervical spine injury and somatoform disorder have been granted, with the highest possible rating (60%) assigned for both conditions.

The veteran's claims for increased evaluations of his service-connected left elbow and left thigh disabilities were denied. The left elbow is currently evaluated at 30 percent, while the left thigh disability remains at 20 percent.

The Board has granted service connection for osteoarthritis of the left knee, osteoarthritis of the left elbow, and degenerative disc disease of the lumbar spine with left leg radiculopathy.

The Board has denied the veteran's claims for increased ratings for his service-connected numbness and muscle weakness due to right hip surgery, finding that the evidence does not support a higher rating based on current disability levels.

The Board has determined that the veteran's cervical spine disability, characterized by moderate limitation of motion, warrants a 20 percent initial rating under Diagnostic Code 5290.

The veteran's claims for service connection and increased ratings are being remanded for further development.

The veteran's claim for an initial evaluation of 20 percent for herniated nucleus pulposus, L3-L5 with radiculopathy from May 1, 1999 was granted. The current effective date is not specified.

The Board granted a 40 percent rating for the veteran's degenerative disc disease of the lumbar spine from May 7, 1991 to November 14, 1994.

The Board has determined that the veteran's cervical and thoracic spine disorders arose during active service, granting service connection for these conditions.

The veteran's service-connected right hand carpal tunnel syndrome is currently rated as 30 percent disabling, and the Board finds that a higher rating is not warranted.

The Board denied an increased rating for the veteran's lumbosacral spine disability and a separate rating for his right knee scars, finding that neither warranted a higher evaluation.

The Board denied the veteran's claims for increased ratings on residuals of a shell fragment wound to the left thigh and back pain syndrome, as well as mechanical low back pain with traumatic degenerative changes and radiculopathy. The appeals remain pending.

The veteran withdrew his appeal for the issues related to increased ratings and initial rating for service-connected conditions.

The Board found no evidence of a chronic condition during service and denied the claims for sciatic nerve injury, bilateral leg and foot disabilities, and psychiatric disability.

The Board denied the veteran's claim for an increased rating for his service-connected chronic lumbar strain, osteoarthritis of lumbar spine, and history of radiculopathy, as his disability does not warrant a higher evaluation.

The veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has granted service connection for the veteran's low back disability and cervical spine disorder, finding that these conditions are related to injuries sustained during active duty.