Radiculopathy & sciatica decisions — 2005

The Board has granted an effective date of July 1, 1989 for the award of an 80 percent rating for the veteran's neurological residuals of a gunshot wound to the left thigh resulting in sciatic nerve impairment and left ankle triple arthrodesis.

The Board has determined that the residuals of a right sciatic nerve injury are at least as likely as not caused by a service-connected right knee disorder, and thus grants service connection for this condition.

The veteran's cervical spine disability is currently rated at 60 percent, the highest available rating under the amended criteria for evaluating intervertebral disc syndrome. The claim was granted.

The Board has determined that the veteran's cervical spine disability warrants a single 40 percent evaluation, effective September 23, 2002.

The veteran's claim for an increased evaluation for his lumbosacral myofascial pain/osteoarthritic degeneration with radicular symptoms was denied by the Board, as the evidence did not support a rating in excess of 20 percent.

The Board denied an increased rating for the service-connected lumbosacral strain, finding that the disability did not meet criteria for a higher rating due to lack of severe symptoms or incapacitating episodes.

The veteran's appeals for increased disability ratings have been dismissed due to his withdrawal of the appeal.

The veteran's claim for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment was denied as he does not meet the criteria for such assistance due to his current service-connected disabilities. However, he is eligible for adaptive equipment only.

The Board has determined that the veteran's current back disability, including lumbar paravertebral myositis, spondylotic changes at L5, history of low back strain, and radiculopathy at L4-5, is related to service. The hearing loss claim remains pending as it involves a question of medical causation.

The veteran's claims for increased ratings for intervertebral disc syndrome of the lumbar spine, radiculopathy of the right lower extremity, residuals of a supraspinatus tear of the right shoulder, and residuals of right knee cartilage repair with degenerative joint disease were denied as there was no evidence meeting the criteria for higher ratings under the applicable rating schedule.

The veteran's right brachial plexus nerve injury with radiculopathy was rated at 70 percent effective October 3, 2001. The veteran's trapezius myositis was also rated at 70 percent effective October 3, 2001.

The veteran's claims for an initial compensable evaluation for traumatic hematuria and a higher evaluation for his left knee injury are being remanded due to the need for additional medical records and examinations.

The Board has granted a 10% evaluation for incomplete paralysis of the sciatic nerve, but denied an increased rating for residuals of right acetabular fracture.

The Board has determined that the veteran's service-connected lower back disability, characterized by pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and absent ankle jerk, does not warrant a rating in excess of 60 percent.

The Board has determined that the veteran's claimed conditions are not service connected, with no exposure to herbicide agents and no evidence of a nexus between his current condition and military service.

The Board denied an extraschedular rating for the veteran's mechanical low back pain with residual muscle strain, as there was no evidence of marked interference with employment or frequent hospitalizations.

The Board denied the veteran's claims for higher ratings for his lumbar spine disability and neurologic manifestations, finding that the evidence did not meet the criteria for a rating higher than 40 percent for the diffuse disc bulge with radiculopathy.

The Board has determined that additional development is needed to properly adjudicate the veteran's claim for an increased rating for his service-connected spondylolisthesis of the lumbar spine with radiculopathy. This includes sending VCAA notice, obtaining medical records, and scheduling a VA examination.

The veteran's claim for an increased rating for his service-connected recurrent back strain and TDIU was denied. The RO found that the disability did not warrant a higher rating based on the current evidence of record.

The Board denied the veteran's claims for service connection, increased ratings, and compensation under 38 U.S.C.A. § 1151 due to a lack of new and material evidence in reopening her sacroiliac instability claim, failure to meet schedular criteria for increased ratings, and failure to show that she suffered an additional disability as the result of VA treatment.