Radiculopathy & sciatica decisions — 2004

The veteran's appeal is remanded due to the need for additional development, including a VA examination and consideration of revised rating criteria.

The Board has decided to remand the veteran's claims for additional development, including obtaining medical records and scheduling examinations.

The veteran's internal derangement of the left knee was rated at 20 percent from April 23, 1997, to June 30, 2003.,Osteoarthritis with limitation of motion of the left knee (status post surgery) was rated at 100 percent from August 4, 2000, to September 30, 2000; 20 percent from October 1, 2000, to June 5, 2001; and 30 percent since August 1, 2002.,Degenerative disc disease of L5-S1 was rated at 40 percent from September 11, 1998, to February 7, 2001; 60 percent from February 8, 2001, to January 31, 2002; and 40 percent since April 1, 2002.,Right L-5 radiculopathy affecting the right lower extremity was rated at 20 percent from September 23, 2002.,Service connection for trochanteric bursitis of the right hip (claimed as secondary to service-connected left knee disability) was granted.

The veteran's chronic lumbar strain was incurred in service and granted service connection. However, the herniated disc and radiculopathy are not related to service and were not granted.

The Board has determined that additional development is required before the claim can be adjudicated, including notifying the veteran of new rating criteria and scheduling a VA examination to assess the severity of his service-connected back disability.

The veteran's right elbow disorder is rated at 10 percent, and he has a combined evaluation of 80 percent from his service-connected disabilities. The Board finds that the evidence does not support an increased rating for the right elbow disorder. However, the veteran's multiple service-connected conditions collectively preclude him from obtaining and retaining substantially gainful employment, warranting a TDIU.

The veteran's claims for increased disability rating and service connection were denied. The Board found that her headaches did not meet the criteria for a higher disability rating, and her claim of an undiagnosed illness was not supported by evidence.

The Board has reopened the veteran's claim of service connection for a back disorder and found that there is an approximate balance of evidence to support the claim. The Board determined that it was at least as likely as not that the veteran's current back disability, including lumbosacral spine stenosis with right L5-S1 radiculopathy and degenerative changes in the lower lumbar spine, was related to his active military service.

The Board has reopened the veteran's claim and determined that his current degenerative disc disease of the lumbar spine is related to an injury he sustained during active duty for training (ACDUTRA) in May 1996, which aggravated a pre-existing condition.

The Board has remanded the case for additional development, including obtaining VA medical records and requesting an addendum from a VA physician regarding whether the veteran's service-connected disabilities contributed to his death.

The VA has determined that the veteran's low back disability does not warrant a rating in excess of 40 percent, as his condition does not meet the criteria for more severe intervertebral disc syndrome or unfavorable ankylosis.

The Board denied the veteran's claim for service connection for cervical spondylosis with radiculopathy, finding that there was no evidence linking his current condition to service.

The case is being remanded for additional VA treatment records, a neurology evaluation, and consideration of amended rating criteria.

The Board found that the veteran's current back disability, diagnosed as spinal stenosis with radiculopathy and arthritis of the spine, is not related to his military service. The claim for service connection was denied.

The veteran's appeal is being remanded due to the need for additional consideration of his claim by the RO, including the recent treatment reports from the Phoenix VAMC.

The Board denied the veteran's claims for service connection for residuals of cervical discectomy with radiculopathy of the upper right extremity, bilateral hearing loss, and tremors of the lower extremities. The decision found that new evidence did not raise a reasonable possibility of substantiating the claim for cervical spine disability, and that there was no current evidence linking the veteran's hearing loss or tremors to service.

The Board found that the veteran's lumbar and thoracic spine disabilities were not incurred in or aggravated by service, with no new evidence presented to reopen the claims. The preexisting lumbosacral strain was held to have been aggravated during service.

The Board denied the veteran's request to reopen his claim for service connection for a back disorder diagnosed as lumbar radiculopathy, finding that no new and material evidence had been submitted.

The Board has determined that additional development is necessary before the case can be further adjudicated, including obtaining complete records of treatment and arranging for a VA examination to determine the likely etiology of the appellant's low back disability.

The veteran's claims for higher initial ratings for degenerative disc disease of L3-4 to L5-S1, mild broad based disc bulging with spondylosis and radiculopathy of the left leg were denied. His claim for separate 10 percent evaluations for bilateral tinnitus was also denied as a matter of law due to the undifferentiated nature of the disorder.