Radiculopathy & sciatica decisions — 2005

The Board denied the veteran's claims for service connection and increased ratings for his fibromyalgia, cervical spine disability, lumbosacral spine disability, left ankle disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy.

The veteran's right upper extremity radiculopathy is found to be directly related to his service-connected cervical spine disability. The veteran's initial rating for degenerative disc disease of the cervical spine remains at 20 percent.

The Board denied the veteran's claims for service connection for duodenal ulcer disease and a disorder of the lumbar spine (previously diagnosed as right sciatic neuropathy). The other issues were also denied.

The veteran's GSW of the right forearm (major) Muscle Group V is currently rated at 10 percent, reflecting moderate impairment.

The Board denied the veteran's claims for increased evaluations for paresthesias of the right arm and status post Arnold-Chiari Type 1 malformation repair with cervical syrinx C5-T1 and radiculopathy, finding that the evidence did not support a higher rating based on incomplete paralysis.

The veteran's claim for an increased rating for his low back strain with degenerative changes is being remanded due to the need for further development and clarification of whether any current neurological symptoms can be solely attributable to the low back disability.

The veteran has withdrawn all issues from appeal, including those related to increased ratings and service connection. The Board does not have jurisdiction to review the appeal as it is dismissed.

The Board found that the veteran's service-connected lumbosacral strain, with residuals L4-5 bulging disc with discectomy and residual radiculopathy and severe spinal stenosis at L5-S1 has not presented such an exceptional or unusual disability picture as to render impractical the application of the Schedule for Rating Disabilities. Therefore, the claim for a higher evaluation was denied.

The veteran's death was not caused by service-connected disability, and his claim for TDIU is denied. The cause of death due to claimed in-service radiation exposure or herbicide cannot be established.

The Board found that the veteran's service-connected cervical spine and lumbar spine disabilities do not warrant a rating in excess of 20 percent, as there was no evidence of significant limitation of motion or intervertebral disc syndrome.

The Board denied the veteran's claims for an increased rating for his service-connected strain myositis of lumboparavertebral muscles and service connection for a herniated disc with radiculopathy, finding that there was no evidence to support these claims.

The Board granted increased evaluations for the veteran's low back strain, left and right lower extremity radiculopathy, and residuals of a fracture to his left ankle.

The veteran's lower back disability is rated at 40 percent, effective from March 24, 2005. A separate 10 percent rating for mild radiculopathy of the right foot is granted as of September 9, 2003.

The Board has granted a rating of 40 percent for the veteran's low back syndrome with left sacroiliac joint pain and degenerative disc disease, effective from the date of the decision. The ratings for right lower extremity radiculopathy (10%), left lower extremity radiculopathy (10%), and osteoarthritis of the right knee remain unchanged at 10 percent each.

The Board denied the veteran's claims for service connection for low back and right knee disorders, finding that current conditions are not related to any injury or disease in service.

The veteran's service-connected disabilities do not prevent him from caring for his daily personal needs, and do not render him unable to protect himself from the hazards of daily living. The veteran is not substantially confined to his house or immediate premises as a result of his service-connected disabilities.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation which is sedentary in nature. Therefore, the claim for TDIU is denied.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability resulting from a September 1995 VA surgery, alleging that this caused neurological deficits and bowel/bladder issues. The case has been remanded to obtain relevant records and determine if the proximate cause was VA fault or an unforeseeable event.

The veteran's service-connected lumbar disc disease with left leg sciatica and numbness is currently rated at 40 percent, but the Board finds that this rating does not meet the criteria for an evaluation in excess of 40 percent.

The VA determined that the veteran's service-connected back injury, including associated sciatica, warrants a 20 percent evaluation.