Radiculopathy & sciatica decisions — 2005

The Board denied an earlier effective date for the grant of service connection for several disabilities, including a right shoulder disorder, neck disorder, right knee disorder, and dental trauma, all claimed as residuals of injuries sustained in a truck accident during service on April 18, 1953. The veteran's claim was reopened and granted effective January 2, 2001.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess his service-connected disabilities and their impact on his ability to work.

The veteran's chronic lumbosacral strain with degenerative disc disease and radiculopathy has been rated at 40 percent since November 1978, based on severe limitation of motion and mild neurological deficit.

The Board denied the veteran's claim for a rating in excess of 60 percent for his lumbar strain with right-sided sciatica, finding that the disability did not meet the criteria for a higher rating under applicable diagnostic codes.

The veteran's lumbosacral strain with spasms, disc protrusion at L5-S1, and mild degenerative disc disease was granted a 40 percent evaluation effective April 26, 1993. The right patellar fracture residuals were initially evaluated as 20 percent disabling from April 14, 1998.

The veteran's claims for PTSD and hypertension were denied, while his right lower extremity radiculopathy was granted. The left lower extremity radiculopathy claim is pending with a current rating of 10%.

The VA denied the veteran's claims for increased ratings for his low back disability and right lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The VA determined that the veteran's service-connected lumbar spine disc disease does not warrant a higher initial disability rating, as it does not meet the criteria for severe impairment or incapacitating episodes.

The Board denied the veteran's claims for a rating in excess of 60 percent for his back disability and for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has jurisdiction over the November 1998 rating decision that denied service connection for thoracic injury with local atrophy of the spinal cord; fracture of T12-L1, dorsal kyphosis. Service connection is granted based on aggravation.

The veteran's service-connected disabilities, including major depressive disorder and degenerative disc disease of the lumbosacral spine, are found to be sufficient for a total disability rating based on individual unemployability.

The veteran requested to withdraw his appeal, and the Board has dismissed it.

The Board has granted a 60 percent rating for the veteran's service-connected chronic low back strain with left L5 radiculopathy, effective from April 1996. The claim for a compensable rating for symblepharon outer angle of the left eye due to abrasion is denied.

The Board denied a rating in excess of 60 percent for the veteran's service-connected spondylolisthesis, finding that the evidence did not warrant such an increase.

The RO improperly reduced the evaluation assigned to the veteran's herniated disc with left sciatica from 60 percent to 20 percent, effective March 1, 2002. The claim for an increased evaluation remains pending.

The veteran's claim for an increased rating for lumbosacral degenerative disc and joint disease with history of radiculopathy is being remanded due to insufficient medical evidence regarding the impact of his service-connected disability versus the automobile accident.

The Board has remanded the case for further development, including VA examinations to determine the etiology of the veteran's claimed conditions and whether they are related to service.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional medical records.

The veteran's appeal is denied as his claim for a rating in excess of 30 percent for residuals of chip fracture, left hip, with traumatic arthritis was denied. His claims for service connection were also denied, but he was granted new and material evidence to reopen the claim for degenerative disc disease of the lumbar spine with left radiculopathy, status post laminectomy at L5, secondary to his service-connected left hip disorder.

The veteran's service-connected residuals of whiplash injury of the cervical spine with radiculopathy to the left upper extremity are manifested by significant neuropathic pain residual, but without EMG evidence of acute or chronic denervation changes in the musculature of the left upper extremity. This is consistent with no more than mild incomplete paralysis of all radicular groups.