Radiculopathy & sciatica decisions — 2005

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a VA examination to assess the severity of the veteran's service-connected degenerative disc disease, L4-L5, L5-S1, with sciatic neuritis. The claim will be re-adjudicated based on both old and new rating criteria.

The veteran's low back strain with sciatic and left L-5 radiculopathy and bilateral sacroiliac joint narrowing results in a disability comparable to severe intervertebral disc syndrome, warranting a 40 percent evaluation.

The Board granted an increased rating to 40 percent for lumbosacral strain with degenerative disc disease effective March 1977. The veteran's right leg sciatic syndrome was also rated at 40 percent, effective March 25, 2003. The RO granted the veteran a permanent and total disability rating based on his service-connected back disability as of March 25, 2003.

The veteran's appeal has been withdrawn, and thus the case is dismissed.

The Board denied the veteran's claims for service connection for numbness of both feet and cervical cervicalgia with left-sided C7-8 radiculopathy, as they are not related to his military service.

The veteran's lumbar spine disability with sciatica was granted service connection.,Her digestive (gastric) disability claim was denied.

The veteran's cervical neuritis of the right arm, sciatic neuropathy of the right leg, and cervical neuropathy of the left arm have been granted increased ratings to 40 percent each.,These increases are based on current medical evidence showing moderate to severe sensory disturbances with some organic changes in all three conditions.

The Board has determined that the veteran's claims for service connection for stomach ulcers and a back disorder are denied as new and material evidence was not submitted to reopen these claims, and the current diagnoses do not meet the criteria for service connection.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain with arthritis and disc space narrowing of the lumbar spine with S1 radiculopathy, effective February 14, 2001.

The veteran meets the criteria for special monthly compensation for aid and attendance due to his service-connected low back disorders, which render him unemployable and unable to perform activities of daily living without assistance.

The veteran's claim for an initial disability rating in excess of 40 percent for his service-connected lumbar spine degenerative disc disease, status-post L4-L5 discectomy with right lower extremity radiculopathy is being remanded due to the need for further medical evaluation and consideration of revised rating criteria.

The Board has determined that additional development is required before appellate review can be conducted.

The VA denied a disability rating in excess of 40 percent for lumbosacral strain with radiculopathy, which is currently rated at 40 percent.

The Board has denied the veteran's claims for an increased rating for his service-connected low back disability and entitlement to a total disability evaluation based on individual unemployability. The RO found that the veteran's current disability does not meet the schedular requirements for assignment of a higher disability rating.

The veteran's claim for increased ratings was denied. The RO granted a 20 percent rating for post-operative residuals of a herniated disc, L5-S1, effective from the date of receipt of the claim in June 1996.

The VA denied the veteran's claim for service connection due to a lack of medical evidence linking his current condition to his military service.

The veteran's claims for service connection were denied across multiple issues, including his psychiatric disorder, diabetes mellitus, retinopathy, peripheral neuropathy of the lower extremities, right knee disorder, left knee arthritis, lumbar spine condition, cervical spine condition, lung disease (asbestosis), and hypertension. The Board found that new evidence did not reopen his claim for an acquired psychiatric disorder but denied all other claims.

The Board finds that the veteran's back disability, diagnosed as degenerative changes of the lumbar spine with radiculopathy, was incurred in his active duty service. The decision grants service connection for this condition.

The veteran's service-connected lumbar spine disability is currently rated at 20 percent, and the claim for an increased rating has been denied.

The veteran's appeal is being remanded for further development and adjudication of the issues related to PTSD, cervical radiculopathy/myelopathy, and the initial rating for residuals of cervical spine injury with degenerative changes.