Radiculopathy & sciatica decisions — 2004

The veteran's claims for service connection for prostatitis with chronic urethritis and left epididymitis, as well as degenerative disc disease of the L5 spine with spondylosis and right-sided radiculopathy, were granted effective August 8, 2002.

The Board denied the veteran's attempt to reopen his claim for service connection due to cervical and lumbar radiculopathy, finding no new and material evidence.

The veteran's right sensory neuropathy of the sciatic nerve with lumbosacral strain is rated at 20 percent, effective from its effective date of service connection.

The Board has remanded the case for further development, including scheduling a Travel Board hearing. The veteran's claims for a compensable rating for his scar and service connection for carpal tunnel syndrome are pending.

The veteran's low back disability, characterized by lumbosacral strain and radiculopathy of the left lower extremity, is currently rated at 40 percent. The rating has been granted.

The veteran's appeal is being remanded for further development, including an orthopedic and neurological examination to determine the current severity of his service-connected low back disability.

The veteran seeks compensation under 38 U.S.C.A. § 1151 for degenerative disc disease of the cervical spine with radiculopathy, alleging medical negligence by VA doctors during a left C6/C7 hemilaminectomy and nerve root decompression surgery in July 2001 at the Durham, North Carolina VA Medical Center. The claim is remanded due to incomplete records from SSA and the VA Medical Center.

The Board has determined that a rating of 60 percent is warranted for the veteran's lumbar paravertebral myositis with clinical left L5-S1 radiculopathy, effective from the date of the claim.

The veteran's appeal is being remanded due to the need for additional medical records and clarification regarding his ability to engage in substantially gainful employment.

The Board has determined that the veteran's failed back syndrome, status post lumbar microdiscectomy with lower extremity radiculopathy is related to his military service and grants service connection for this condition.

The Board found no evidence of a chronic disability related to the veteran's service, and denied his claims for service connection for back disorder, left ankle disorder, and left knee disorder.

The veteran's claim for an increased rating for minimal disc bulging L4-5 radiculopathy is being remanded due to the need for a VA examination and additional development of his case.

The Board denied the appellant's claim for service connection as his back disability did not manifest within one year of separation from active military service and there was no evidence to support a nexus between his current condition and his in-service service.

The Board has remanded the case for additional development, including obtaining medical records and arranging for VA examinations to determine if carpal tunnel syndrome and sciatic nerve disorder are secondary to service-connected degenerative arthritis of the lumbar spine.

The Board found that the veteran's traumatic neuritis of the right sciatic nerve is currently manifested by pain radiating to the right knee area, mild to moderate weakness of in the right leg muscles, less than marked atrophy of the right calf muscles, and mildly diminished sensation in the sciatic nerve distribution of the right leg. The criteria for an evaluation in excess of 40 percent have not been met.

The veteran's service-connected tuberculosis lymphadenitis is rated at 100%, but his nonservice-connected cervical and lumbar spine conditions, along with other disabilities, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The VA determined that there is no evidence linking the veteran's C-6 radiculopathy and carpal tunnel syndrome to his military service.

The veteran's service-connected cervical spine condition is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating based on moderate recurrent attacks or incapacitating episodes.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for lumbar arthritis with bilateral sciatica. The Board finds that the veteran's current low back problems are related to an inservice injury, thus granting service connection.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the veteran with a VA medical examination to assess his current residuals from the in-service femur fracture. The issue of service connection for a low back disorder is also being addressed.