Radiculopathy & sciatica decisions — 2004

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to clarify the nature and etiology of the veteran's claimed back disability.

The Board has determined that the veteran's current back disability was not incurred during service and is not related to his military service. The claim for service connection is denied.

The Board found that the veteran's claim for an effective date prior to July 6, 1989 for TDIU was not warranted as his entitlement arose on or after July 6, 1989.

The Board denied the veteran's claims for service connection and an increased rating, finding that a cervical spine disorder was not incurred in or aggravated by active service and that his low back disability is equivalent to moderate intervertebral disc syndrome with recurring attacks.

The Board has dismissed the appellant's appeal as to the issue of entitlement to compensation benefits, pursuant to 38 U.S.C.A. � 1151, for prostatic calculi due to the appellant withdrawing his appeal prior to a decision.

The veteran's claim for an effective date prior to July 20, 1995 for the service-connected lumbar strain with sciatica is being remanded due to incomplete medical records and a need for further examination.

The veteran's appeal is being remanded for additional examination and consideration of outstanding VA treatment records.

The Board granted the veteran's service connection for residuals of frostbite of the left and right hand, as well as residuals of frostbite of the left and right foot. The effective date is August 27, 1999.

The Board granted a 40 percent evaluation for the veteran's right upper extremity polyradiculopathy from September 11, 1989 through January 26, 1996.

The veteran's appeal is being remanded for additional development to address the severity of his service-connected back disability and any associated neurologic manifestations.

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 increased evaluations for his lower back disability and hearing loss of the left ear was denied. The effective date for the grant of service connection for hearing loss of the left ear is October 26, 1988.

The Board found that the appellant's back disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board found that the veteran's service-connected back disorder did not substantially or materially contribute to his cause of death, which was a heart attack. The Board concluded that other factors such as age, male sex, hypercholesterolemia, tobacco use, and obesity were more significant contributors.

The Board has granted service connection for right leg radiculitis and radiculopathy as a result of the veteran's service-connected lumbosacral strain with degenerative disc disease.

The Board has determined that the veteran's cervical spine disorders do not warrant ratings in excess of 30% prior to December 29, 1997, and 40% prior to June 11, 2001. The effective date for the increased rating remains unresolved.

The Board found that the veteran's lumbar paravertebral myositis and bilateral L5-S1 radiculopathy do not warrant a rating higher than the current 40 percent disability rating.

The Board denied the veteran's claim for service connection for residuals of a low back injury, finding that there was no evidence linking her current disability to her military service.

The veteran's claim for an increased rating from 20 percent for his low back disability is being remanded due to the need to consider both old and new criteria, as well as the need for a VA examination.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that there was no evidence showing that his cervical spine spondylosis, arthritis, and/or radiculopathy were caused or aggravated by an excisional biopsy of the right posterior lymph node at the Greenville VA medical center in March 2000.