Radiculopathy & sciatica decisions — 2005

The veteran's claim for increased ratings for his service-connected lumbar spine disability and sciatica was denied. The Board found that the evidence did not support a higher rating prior to July 28, 2004, or beginning July 28, 2004.

The veteran's HNP resulted in severe, recurring attacks with intermittent relief and responsiveness to physical therapy. The VA determined that a 40 percent evaluation is appropriate under the old rating criteria.

The Board has reopened the veteran's claim and determined that his additional low back disability is secondary to his service-connected bilateral knee disabilities, warranting service connection.

The veteran's claims for service connection for bilateral leg, left ankle, and lumbosacral spine disabilities have been denied as these conditions are not related to his active duty service.

The veteran's claim for an increased rating for intervertebral disc syndrome and left lower extremity radiculopathy was denied. The current disability ratings are not sufficient to meet the requested increase.

The Board has determined that the veteran's current low back disability is caused or aggravated by his service-connected bilateral foot disabilities.

The Board found that the veteran's claim for an earlier effective date for a 60 percent rating for low back injury with radiculopathy involving the left lower extremity was denied as it is not factually ascertainable from the evidence of record that in the year prior to September 2, 1999, an increased rating was warranted.

The Board denied the veteran's claims for an earlier effective date for TDIU and clothing allowance, as well as a higher rating for his left foot disability. The veteran was granted a 10% rating for his healed fracture of the first metatarsal in January 1993, which has been increased to 80% since February 22, 2001.

The veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation, and the Board finds that she is unemployable due to these conditions.

The Board granted a 40 percent evaluation for the service-connected low back disability, classified as low back pain with left lower extremity radiculopathy, effective prior to December 14, 2000. The Board also found that appellant's service-connected disabilities were sufficient to produce unemployability, effective prior to January 1, 2005.

The Board has granted service connection for lumbar spine degenerative disc disease with sciatica secondary to service-connected bilateral pes planus. The claim for an increased rating for bilateral pes planus remains denied.

The Board has determined that a 60 percent rating is warranted for the veteran's service-connected mid and low back disability throughout the appeal period.

The Board denied the veteran's claims for increased evaluations for service-connected residuals of fractured right wrist and left pubis rami, finding that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Board found no medical evidence linking the veteran's current low back condition to his military service, and denied his claim for service connection.

The Board has determined that the veteran's service-connected low back disorder, characterized by a sprain of the interspinous ligament at L5-S1 with left sciatica, warrants a rating of 60 percent under the applicable diagnostic codes.

The veteran's cervical spine disorder and compression fracture at T12 with lumbar strain are currently rated as 20 percent disabling, effective from June 5, 1997 to September 30, 1997.

The Board has determined that the veteran's lumbosacral muscle strain, with L5-S1 radiculopathy, warrants a rating of 20 percent under Diagnostic Code 5292.

The Board denied the veteran's increased rating claim for residuals of a fracture of the right clavicle with subluxation and deformity of the sternoclavicular joint, as well as his initial disability ratings for degenerative disc disease of the cervical spine and right upper extremity radiculopathy. The evidence did not meet the criteria for higher ratings.

The veteran's service-connected disc hernia at L4-5 with right-sided radiculopathy is currently manifested by lower back pain, tingling in the back and lower extremity, occasional radiating lightning pain down the right thigh, limitation of flexion and extension, side bending to the right, and no spinal stenosis. The Board has determined that an evaluation in excess of 40 percent for this condition is not warranted.

The Board granted a rating of 60 percent for lumbosacral strain with arthritis, spinal stenosis and radiculopathy effective October 23, 1996.