Radiculopathy & sciatica decisions — 2005

The veteran requested to withdraw his appeal, and the Board has dismissed the case as a result.

The Board has granted service connection for a lumbar spine disability, finding that the veteran's current condition is related to an in-service injury. Service connection was denied for a left knee and leg disability (ruling out radiculopathy).

The case is being remanded for further development, including obtaining medical records and scheduling examinations to determine the severity of the veteran's service-connected conditions and any associated bladder condition. The RO must also issue a statement of the case regarding the initial rating for left lower extremity radiculopathy.

The veteran's degenerative disc disease of the lumbar spine with sciatic neuritis has been rated at 40 percent since February 18, 1999. The Board has determined that a higher evaluation of 60 percent is warranted for this period.

The veteran is not entitled to an effective date earlier than November 4, 1997 for the grant of a 60 percent disability evaluation for herniated nucleus pulposus, L4-L5 and L5-S1, clinical lumbosacral polyradiculopathy, and lumbar paravertebral myositis secondary to back strain.

The Board has granted a higher rating of 60 percent for the veteran's service-connected lumbar spine disability, effective from September 2, 2001.

The veteran's service-connected low back disability alone does not preclude him from gainful employment, as he is only restricted to light work duty status and requires frequent breaks. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to inadequate VCAA compliance, lack of adequate range-of-motion testing in the VA examinations, and need for additional medical records.

The Board denied the veteran's claims for service connection for diabetes mellitus and for ratings in excess of 30 percent for coronary artery disease prior to May 28, 2004, and for a rating in excess of 60 percent for coronary artery disease effective from May 28, 2004. The veteran's claim for service connection was reopened on new evidence, but the Board found no nexus between his current conditions and service.

The Board has determined that the veteran's service-connected foot disabilities have caused his lumbar spine degenerative changes, and thus grants service connection for these conditions.

The veteran's initial ratings for his back and left knee disorders have been granted, with the back disorder receiving a 40 percent rating and the left knee disorders (including arthritis) receiving separate 10 percent ratings. The effective dates are tied to specific medical findings.

The Board has remanded two issues for further development: entitlement to increased ratings for left S1 radiculopathy and peripheral neuropathy of the left lower extremity, and residuals of a gunshot wound of the buttocks. The VA will conduct additional examinations and review the claims based on the Joint Motion.

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

The Board found no current chronic right shoulder disability, including as a manifestation of cervical spine radiculopathy. Therefore, service connection for the claimed condition was denied.

The Board finds that the veteran's bilateral foot fungus, vision loss, PTSD, and back disorder were not incurred during active military service.,Service connection for these conditions is denied.

The Board finds that the veteran has a current cervical spine disability (neuritis/radiculopathy) that is related to her service-connected left shoulder disability, and grants service connection for this condition as secondary to her left shoulder disability. The claim for service connection for left ankle instability remains pending.

The veteran's chronic lumbosacral strain was granted a 20 percent rating effective September 26, 2003. The issue of an earlier effective date for the 30 percent rating for bilateral pes planus is not warranted.

The Board has remanded the veteran's claims for higher ratings due to additional development of his lumbar spine disability and evaluation of left lower extremity radiculopathy.

The Board has granted increased ratings for traumatic arthritis of the cervical spine, lumbar spine, and right hand. The left hand disability is rated at 10 percent.

The Board denied an earlier effective date for the grant of service connection for degenerative disc disease of the lumbar spine, L4-L5 and L5-S1, with radiculopathy and spondylosis and degenerative joint disease.