Radiculopathy & sciatica decisions — 2005

The Board denied the veteran's request for waiver of recovery of an overpayment of compensation benefits in the amount of $16, 680.90 due to a lack of awareness regarding his need to report incarceration and subsequent reduction in VA benefits.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral degenerative disc disease and degenerative joint disease with radiculopathy, effective from March 27, 2000.

The Board denied the veteran's claims for service connection for residuals of a ganglion cyst of the left wrist, and for initial evaluations higher than 20 percent for lumbosacral strain with arthritis and noncompensable for dyshidrotic eczema of the hands.

The Board denied the veteran's claims for increased disability rating, service connection, special monthly compensation, and automobile and adaptive equipment as his conditions were not related to service or any other basis.

The Board found that the veteran's arguments for an earlier effective date were not supported by the evidence of record, and thus denied his claim.

The veteran's service-connected chronic lumbar strain with radiating sciatic pain was rated at 20 percent from July 27, 1995 to March 17, 2003.

The Board granted service connection for left lower extremity sciatic neuropathy with muscle ataxia, right lower extremity sciatic neuropathy with muscle ataxia, and a tender scar in the thoracolumbar area. A temporary 100% rating was also granted from July 19, 2002 through September 30, 2002.

The Board has determined that the veteran's lumbar disc disorder is not related to his military service and therefore denied his claim for service connection.

The Board denied the veteran's claims for higher initial ratings and earlier effective dates in several issues, including her service-connected scoliosis of the lumbar spine, left lower extremity sciatic neuropathy with muscle ataxia, right lower extremity sciatic neuropathy with muscle ataxia, tender scar in the thoracolumbar area, TDIU, DEA, and temporary total rating for surgical treatment. The Board found that her symptoms did not meet the criteria for higher ratings or earlier effective dates.

The veteran's service-connected disabilities, including his low back injury and right leg radiculopathy, do not render him individually unemployable.

The veteran's bilateral arm and leg disabilities are considered part of her service-connected cervical and lumbar spine disorders, respectively.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar degenerative disc disease and degenerative joint disease, as well as for radiculopathy of both lower extremities. The current rating of 40 percent is maintained.

The veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease is currently evaluated as 20 percent disabling, but the claim for a higher rating remains denied. The radiculopathy of the left leg associated with this condition is also rated at 10 percent.

The veteran's appeal is being remanded to obtain additional medical records and to consider applicable rating criteria for his low back disorder. His claims for increased ratings for lumbosacral radiculopathy, bilateral hearing loss, and reopening of service connection claims are also being considered.

The veteran's appeal is being remanded to the RO due to deficiencies in the Board's April 2004 decision, specifically regarding the extent of functional and industrial impairment resulting from his service-connected disabilities. The case will be returned to the Board for further consideration after completion of additional development.

The VA denied the veteran's claims for an increased evaluation and TDIU due to his service-connected low back injury, as it did not meet the criteria for a higher rating or TDIU.

The veteran's appeal is being remanded for further evaluation and consideration of his increased evaluation claim for herniated nucleus pulposus with bilateral sciatic radiculopathy, as well as his total disability rating based on individual unemployability. The RO must arrange for a VA spine examination to assess the severity of his service-connected back disability under the new rating criteria.

The Board has remanded the case for further development, including a VA examination to assess the impact of service-connected disabilities on the veteran's employability.

The veteran's intervertebral disc syndrome, left and right lower extremity radiculopathy have been rated at 20 percent each. The appeals for higher ratings are denied.

The veteran's service-connected herniated disc at L5-S1 is pronounced and manifests severe pain, muscle spasms, and sciatic neuropathy in the left leg. The Board has granted a 60 percent disability rating for this condition.