Radiculopathy & sciatica decisions — 2003

The Board denied an increased evaluation for the veteran's cervical spine arthritis, finding that her disability did not meet or approximate the criteria for a higher rating under either old or new regulations.

The veteran's appeal is being remanded for further development due to new evidence received and the need to provide a VCAA letter.

The Board found that the appellant's pre-existing cervical spine disorder did not increase in severity during service and is not presumed to have been incurred due to military service. The current right upper extremity radiculopathy is also considered a result of his pre-service injury, not related to active duty.

The Board found that the veteran's current diagnoses of left S1 radiculopathy and lumbar myositis were aggravated during his period of active duty for training (ACDUTRA).

The Board has determined that the appellant's spondylolisthesis of the lumbosacral spine warrants a 60 percent evaluation, which is the maximum available under current rating criteria.

The Board granted a 60 percent rating for the veteran's DDD of the cervical spine with right radiculopathy due to right SAS, effective from September 23, 2002. The decision also noted that separate ratings were assigned for orthopedic and neurologic manifestations.

The veteran's claim for an increased rating from 20% to 40% for residuals of lumbar diskectomy at L5-S1 with radiculopathy was granted.

The VA denied an increased evaluation for the veteran's service-connected lumbosacral myositis and right S1 radiculopathy, finding that the condition did not meet criteria for a higher rating based on limitation of motion or intervertebral disc syndrome.

The veteran's laceration of the right neck and associated radiculopathy are currently rated at 40 percent, which is appropriate given his current motor strength in the right upper extremity.

The Board has granted service connection for chronic low back strain with L5-S1 radiculopathy and PTSD, finding that these conditions are related to the veteran's military service. The veteran's coronary artery disease is also found to be aggravated by his service-connected PTSD.

The Board has determined that the veteran's low back disability warrants a rating of 60 percent from July 4, 1994 to June 11, 1995 and a rating of 40 percent since June 12, 1995.

The Board has determined that the veteran's current cervical spine disorders are not related to his service, and thus denied his claim for service connection.

The Board has determined that the veteran's service-connected chronic lumbosacral strain with right sciatica warrants restoration of a 20% evaluation, effective from February 1, 1997.

The Board denied the veteran's claim for an increased disability evaluation for his degenerative disc disease, bulging annuli at L4-5 with left leg radiculopathy, finding that the current evaluation of 40 percent was appropriate.

The veteran's service-connected lumbosacral strain with bulging disc and radiculopathy is currently manifested by subjective complaints of low back pain and pain radiating down the extremities, resulting in severe limitation of motion. The Board finds that the evidence does not support an evaluation in excess of 40 percent.

The Board has determined that the veteran's low back disability warrants a 40 percent rating, which is higher than the initial 20 percent assigned by the RO.

The veteran's death was due to pneumonia, cerebral vascular accident with left hemiplegia, and Parkinson's disease. The service-connected back disability did not cause or contribute substantially or materially to the cause of death. Therefore, service connection for the cause of death is denied. Dependents' Educational Assistance benefits are also denied.

The veteran's low back disability has been productive of the equivalent of pronounced intervertebral disc syndrome as manifested by radiculopathy, diminished ankle jerk, limitation of motion with pain in all directions, weakness of the lumbar spine due to pain, and fatigability of the lumbar spine due to pain. The Board grants a 60 percent rating for his low back disability.

The Board granted an increased rating of 30 percent for the veteran's cervical spine disorder and a separate 20 percent rating for radiculopathy of the right upper extremity effective September 23, 2002.

The Board has denied the veteran's claims for specially adapted housing and a special home adaptation grant due to lack of statutory eligibility, as he is not statutorily eligible for these benefits.