Radiculopathy & sciatica decisions — 2004

The veteran's low back syndrome with degenerative disc disease at L4-L5 and L5-S1, and radiculopathy is currently rated as 40 percent disabling. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to evaluate his service-connected back disability and sarcoidosis.

The Board has remanded the case for additional development, including obtaining a supplemental statement from the VA physician who examined the veteran in November 2003 and ensuring that all pertinent medical records are obtained.

The VA denied an increased evaluation for the veteran's arthritis of the lower dorsal and upper lumbar spine with radiculopathy, currently rated at 20 percent.

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

The Board has remanded the veteran's claims for higher ratings due to inadequate VA examination and development of evidence is required.

The veteran's claim for a higher rating for his service-connected degenerative disc disease and left L5-S1 radiculopathy prior to October 29, 2003 was denied. The RO found that the disability did not meet the criteria for a higher evaluation under the old rating criteria.

The veteran's claim for an increased disability rating for his service-connected cervical spine disability was granted, with the current rating of 30 percent being maintained.

The veteran's appeal is remanded for further development of his claims, including obtaining medical records and conducting examinations to determine the nature and etiology of his knee and back disabilities.

The veteran's claims for increased rating and service connection were denied. The claim to reopen his previously denied left sciatica claim was also denied.

The Board has determined that the veteran's service-connected conditions do not warrant a compensable evaluation for any period since September 1, 1996.

The veteran's initial increased rating claim for low back strain was denied, and his secondary service connection claim for a psychiatric disorder was also denied.

The Board denied the veteran's claims for service connection for a deviated septum, sinus disorder, right ear hearing loss, and arthritis of the feet. The tinnitus claim was granted with a 10% disability evaluation.

The Board found no evidence of a cervical spine disorder in service or within one year after service, and there is no competent evidence linking the appellant's current cervical spine disorders to his periods of service. Therefore, service connection for cervical canal spinal stenosis, degenerative joint disease of the cervical spine, and C5-6 radiculopathy was denied.

The veteran's claims for earlier effective dates for service connection and increased ratings were denied as there was no evidence of an increase in disability within one year prior to the date of receipt of his claim.

The veteran's claim for a higher evaluation for his service-connected low back disability was denied as the evidence did not meet the criteria for a rating higher than 40 percent.

The veteran's claim for an increased rating for residuals of a fracture of the right femur and tibia with impairment of the femoral artery and sciatic nerve and degenerative joint disease of the right knee is granted, resulting in a disability rating of 80 percent. The claims for increased ratings for residuals of a fracture of the left femur with sciatic nerve involvement, due to a shell fragment wound, and for degenerative joint disease of the left ankle are denied.

The Board denied the veteran's claims for higher ratings for cervical spine arthritis and radiculopathy, arthritis of the lumbar spine, and paresthesia of the alveolar nerve, left jaw.

The RO granted a 30 percent rating for right knee replacement effective October 1, 2004. The veteran's other claims were denied.

The veteran's claim for an increased rating of her post-operative residuals, L4-5 discectomy with radiculopathy was granted. The claims for service connection for bilateral hearing loss and tinnitus were also granted. The new and material evidence claims for bronchitis and a perforated left eardrum were denied.