Radiculopathy & sciatica decisions — 2005

The veteran's claim for a higher initial rating and an extra-schedular rating for his service-connected low back disability is being remanded for additional development.

The VA denied the veteran's claims for increased ratings for cervical disc herniation with spondylosis and radiculopathy, and degenerative arthritis of the left knee. The VA found that the veteran's conditions did not warrant a higher rating based on current medical evidence.

The Board found that the veteran's lumbar spine disability did not meet or approximate the criteria for a higher evaluation than 40 percent, as it did not result in ankylosis, bony fixation of the spine, residuals of vertebra fracture, incapacitating episodes, or neurologic involvement.

The Board denied an increased rating for the veteran's lumbosacral strain and degenerative joint disease of the lumbar spine with radiculopathy, finding that the evidence did not meet the criteria for a higher than 60 percent rating prior to December 9, 1994.

The veteran's service-connected disabilities did not cause or contribute substantially to his death. Cancer was not manifested during service or within one year of separation, and the veteran was not entitled to dependency and indemnity compensation benefits under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for increased ratings for his low back strain, incomplete paralysis of the sciatic nerve in both lower extremities, and patellofemoral pain syndrome of the right knee. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board granted a 30 percent evaluation for the veteran's chronic lumbar myositis, left sciatic nerve neuralgia, and lumbar spine degenerative disc disease.

The Board has granted an initial rating of 20 percent for cervical spine disability with spondylosis and C5 radiculopathy, effective from the date of the May 2002 decision. The lumbosacral spine disability remains noncompensable.

The Board has remanded the case due to incomplete development and the need for VA examinations to assess the severity of the veteran's service-connected low back disability. The claim will be reconsidered based on the new examination results.

The veteran's appeal is being remanded due to improper VCAA notice and the need for a VA orthopedic examination.

The Board denied the veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or on a finding that he is permanently housebound, as there was no evidence showing he needed constant help with daily needs such as bathing, dressing, or eating.

The Board denied the veteran's claims of service connection for neurofibromatosis, hypertension, a nervous disorder, cervical spondylosis with cervical radiculopathy, and chronic dizziness. The decision found that new evidence was not sufficient to reopen the claim for neurofibromatosis, and that there was no evidence linking any of these conditions to service or service-connected disabilities.

The veteran's claims for higher ratings for his right shoulder condition, right carpal tunnel syndrome and C8-T1 radiculopathy, scar from inguinal hernia repair, and status post right inguinal hernia repair have been granted.

The Board denied the veteran's claims for service connection and an increased rating, finding no evidence to support his assertions that his current cervical spine disorder or right fifth metacarpal disability are related to incidents in service.

The veteran's claim for service connection for left lower extremity radiculopathy with left foot drop on a direct basis and as secondary to service-connected chronic lumbosacral strain is being remanded due to the need for additional development.

The veteran's claims for increased ratings for his service-connected lumbosacral strain and irritable bowel syndrome are being remanded due to the need for additional examinations, updated VA treatment records, and consideration of new rating criteria.

The Board granted a 40 percent evaluation for the veteran's degenerative disc disease, residuals of low back injury with radiculopathy left lower extremity, effective from September 23, 2002. The rating is based on incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The veteran's appeal is for an increased rating for his service-connected spondylolithesis of the lumbar spine with degenerative changes and radiculopathy. The RO has granted service connection but did not address whether a higher initial rating was warranted.