Radiculopathy & sciatica decisions — 2003

The Board has determined that the veteran's claimed conditions are not related to the February 1997 VA surgical procedure and thus, he is not entitled to compensation under 38 U.S.C.A. § 1151.

The Board granted a disability evaluation of 60 percent for the veteran's low back disability beginning September 23, 2002. The previous rating was 40 percent.

The Board has granted a 60 percent rating for the service-connected back strain, paravertebral myositis, and left L5 radiculopathy under Diagnostic Code 5293.

The veteran's service-connected disabilities are being reviewed to determine if they render him in need of aid and attendance or housebound, given his recent medical deterioration.

The Board denied all claims for increased ratings and a total rating based on unemployability due to service-connected disability.

The Board has determined that the veteran's lumbar spine disability warrants a 50 percent rating, effective from September 23, 2002. The previous criteria did not allow for such an increase.

The Board has determined that the veteran's disability of the lumbar spine, including intervertebral disc syndrome and sciatic nerve impairment, warrants a maximum schedular rating of 60 percent.

The veteran's claims for service connection and increased ratings were denied due to failure to report for VA examinations without good cause.

The Board found no evidence of a back injury or disease during service and denied the veteran's claim for service connection.

The Board has denied the veteran's claims for increased ratings for his service-connected disabilities, including residuals of a left sciatic nerve injury secondary to SFW, residuals of a SFW of the left buttock with retained metal fragments, residuals of a SFW of the left forearm, and residuals of a SFW of the right foot.

The Board found that the veteran's current back problems, diagnosed as degenerative joint disease and L5-S1 radiculopathy, are related to his in-service back injury. The decision affords the veteran the benefit of the doubt.

The veteran's service-connected right gluteal muscle strain without typical sciatica is manifested by low back pain and severe limitation of lumbar spine motion, which more closely approximates the criteria for a 40 percent rating under Diagnostic Code 5292. The claim for nonservice-connected pension has been granted.

The veteran has withdrawn her appeal regarding the claims of entitlement to a higher initial rating for service-connected herniated nucleus pulposus with left L5 radiculopathy and entitlement to a TDIU.

The veteran's service-connected disabilities, including lumbar disc syndrome with vertebrogenic sciatica and postoperative residuals of synovitis of the right ankle, have caused him to be unable to obtain or maintain substantially gainful employment due to his disability. The Board has determined that he is entitled to a total rating based on unemployability due to service-connected disabilities.

The veteran's appeal involves two separate claims for benefits under 38 U.S.C.A. § 1151, one for left ulnar neuropathy and the other for a pinched nerve at C6-7-8 with radiculopathy. The appeals are considered mixed as some issues were granted while others were denied.

The Board found that the veteran's right knee disorder and sciatica are not proximately due to or the result of his service-connected left knee disability. Therefore, he is denied service connection for these conditions.

The Board has determined that the veteran's current cervical spine and related neurological pathology are likely residuals of his injury in service, resulting in a grant of service connection.

The Board is remanding the case due to failure to provide proper notification of the Veterans Claims Assistance Act of 2000 and for additional development, including obtaining Social Security Administration records and medical records from a private employment accident.

The Board has granted service connection for cervical myeloradiculopathy but denied the request for an earlier effective date. The veteran's claim was reopened and service connection was established based on new evidence received in December 2000, with a current evaluation of 20%.

The Board denied service connection for a back injury, finding no credible evidence linking the current disability to service.