Radiculopathy & sciatica decisions — 2004

The Board has determined that the veteran's claimed conditions are not service-connected and have denied all claims.

The veteran's claim for an increased rating for his cervical radiculopathy is being remanded due to the need to evaluate under new criteria and reschedule a spine examination.

The Board denied the veteran's claim for authorization of ongoing non-VA (fee basis) treatment, finding that massage therapy or reflexology is not reasonable and necessary medical treatment.

The veteran's claim for an increased evaluation for his service-connected lumbar myositis with chronic right L5 radiculopathy is being remanded due to the need for additional development, including obtaining medical records and considering revised rating criteria.

The veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for further examination and consideration of both old and new criteria.

The veteran's claim for an increased disability rating for his service-connected chronic lumbosacral strain with degenerative joint and disc disease at L4-L5 and lumbar radiculopathy was granted, resulting in a 60 percent evaluation effective from October 1991.

The veteran's initial evaluation for his low back disability was reduced from 60 percent to 40 percent, effective August 1, 1997. The Board has restored the 60 percent evaluation.

The Board has determined that the veteran's low back disability warrants a 40 percent evaluation since April 5, 2000.

The appellant is seeking an earlier effective date for a 60 percent evaluation of his service-connected low back disability, which was granted in November 4, 1997. The Board has determined that the RO did not provide adequate notice regarding the information or evidence necessary to substantiate the claim and has therefore remanded the case.

The Board has determined that the veteran's claims to reopen her service connection claims for urticaria, retinal detachment, right Bartholin abscess, uterine dysfunction with bleeding and uterine myoma, hypertensive heart disease, residuals of thyroidectomy, anasarca, and cervical radiculopathy have been denied because she has not submitted new and material evidence to reopen the claims.

The Board denied the veteran's claims for service connection for degenerative disc disease of the cervical spine with left radiculopathy, bilateral hearing loss, and tinnitus. The Board found that there was no evidence to support an in-service injury or event leading to these conditions.

The Board has determined that the appellant's cervical spine degenerative changes with cervical radiculopathy are attributable to service and grants this claim.

The Board has decided to remand the case for further development due to insufficient evidence regarding whether the veteran's current cervical spine disability is related to his active duty service.

The Board found that the veteran's service-connected lumbar degenerative disc disease with radiculopathy does not warrant a disability rating in excess of 40 percent.

The Board found that the veteran's intraventricular conduction delay and L4-5 lumbar radiculopathy were not service-connected as they are not linked to his periods of active duty or any injury during inactive duty for training.

The veteran's disabilities do not meet the criteria for special monthly pension on account of need for aid and attendance or being housebound.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no medical evidence showing that the VA cervical fusion caused additional disabilities.

The veteran's appeal was dismissed due to the failure to file a timely Notice of Disagreement (NOD) regarding his bilateral plantar fasciitis claim. The remaining claims for increased ratings and TDIU were denied.

The veteran's back disorder was granted an evaluation of 40 percent for mechanical low back pain with degenerative disc disease from September 23, 2002, to October 8, 2002. The rating assigned for chronic left-sided L5-S1 radiculopathy is 40 percent effective October 9, 2002.