Radiculopathy & sciatica decisions — 2005

The Board has denied the veteran's claims for service connection for Peyronie's disease, benign prostatic hypertrophy, sensory polyneuropathy, nicotine dependence, chronic respiratory disorder (likely COPD with bronchitis), and a low back disorder. The appeals were withdrawn by the veteran.

The veteran's lumbosacral fibromyositis with bilateral L5-S1 radiculopathy is rated at 60 percent, the highest available schedular evaluation. The right knee arthritis warrants a separate 10 percent rating.

The veteran's claims for increased ratings and earlier effective dates were granted, with the effective date set at July 12, 2000. The TDIU claim was also granted.

The veteran's appeal involves multiple issues including PTSD, diabetes, and various musculoskeletal conditions. The RO is instructed to issue a statement of the case for these claims and afford the veteran an opportunity to perfect his appeals.

The veteran's claim for an increased rating for cervical spine disability was denied for the period from January 16, 2001 to February 25, 2001 and June 1, 2001 to September 23, 2002. However, his current evaluation of 30% is maintained.

The Board granted service connection for the veteran's right sacroiliac joint disability and assigned a 20 percent rating effective from February 18, 2001. The RO subsequently awarded a 40 percent rating for the same condition with degenerative disc disease of the lumbar spine effective from May 13, 2004, and also awarded a 20 percent rating for right lower extremity radiculopathy associated with the sacroiliac joint disability and DDD of the lumbar spine effective from May 13, 2004.

The Board has determined that the veteran did not have a cervical spine injury or arthritis during service, and any such disability was initially shown many years after service. Therefore, service connection for residuals of a cervical spine injury is denied.

The Board has denied the veteran's claims for service connection for low back and bilateral knee disabilities, finding that these conditions are not related to his service-connected residuals of frostbite.

The Board has reopened the veteran's claim for service connection of a back disorder and finds that new evidence supports a finding that his current low back disorder is related to his military service.

The Board has determined that the veteran's claimed conditions, including osteoarthritis of the lumbar spine with sciatic neuropathy, acid reflux, and chronic migraine headaches, are not related to his active military service. The veteran was granted service connection for chronic migraine headaches but denied for the other two conditions.

The veteran's claim for a higher initial rating for his low back disability was granted, and he is now receiving a 60% rating effective September 29, 1992. The RO also granted secondary service connection for sensory loss of the left lower extremity with an effective date of September 23, 2002.

The veteran's claim for higher initial ratings for his low back disability and associated radiculopathy was denied by the RO, with a final rating of 40 percent assigned as of September 23, 2002.

The Board denied the veteran's request to reopen his claim for service connection of residuals of a head injury and also denied his claim for a combined disability evaluation greater than 90 percent.

The VA denied a rating in excess of 20 percent for the veteran's degenerative disc disease and arthritis of the cervical spine, finding that his disability is currently rated as 20 percent disabling.

The veteran's appeal is being remanded for further development, including a new VA examination and issuance of a statement of the case on the issues of evaluations for lower extremity radiculopathy.

The VA denied a rating in excess of 40 percent for post-operative residuals of a herniated nucleus pulposus of the lumbar spine with degenerative changes, and granted a separate 10 percent rating for radiculopathy of the right lower extremity effective July 29, 2004.

The veteran seeks service connection for his current diagnosed degenerative disc disease of the lumbar spine with lower extremity radiculopathy and left and right testicular radiculopathy. The RO has ordered a remand to obtain additional medical records, provide an opinion on the etiology of the low back condition, and consider whether there is any service connection.

The VA denied an initial evaluation greater than 40 percent for the veteran's disk herniation with sciatica, L4-L5 and L5-S1, postoperative condition.

The veteran's appeal is being remanded for additional examinations and consideration of his claims due to the need for updated medical evaluations.

The veteran's claims for service connection and increased evaluations were denied. The Board found that the evidence did not meet the criteria for service connection or increased ratings.