Radiculopathy & sciatica decisions — 2005

The veteran's spine disability, characterized by radiculopathy and degenerative disc disease with associated pain and limited motion, is now rated at the highest available level of 60 percent.

The Board denied the veteran's claims for an effective date prior to September 15, 1998 for TDIU and denied his increased rating claims for PTSD, right upper extremity injuries, cervical radiculopathy of the right arm, hand and fingers, and Horner's syndrome, right side of face and eye.

The Board found that the veteran's current back disorders are not related to his military service and denied his claim for service connection.

The veteran's service-connected disabilities do not render him unable to secure or maintain gainful employment due to his cervical spine and diplopia.

The veteran's sciatic nerve neuropathy with right foot drop and prostatism/neurogenic bladder (urinary incontinence) are rated at the maximum allowable under current regulations.

The Board has determined that the veteran's cervical spine disability, characterized by intervertebral disc syndrome with persistent symptoms and little intermittent relief, warrants a 60 percent evaluation.

The Board has remanded the case for additional development, including an orthopedic examination to determine if the veteran had a fracture of the lumbosacral spine in service and whether any current low back disability can be associated with that prior fracture.

The Board denied an increased rating for the service-connected degenerative disc disease at L5-S1, with recurrent right sciatica, arachnoiditis, excision of scar tissue and nerve root compression at L4, L5 on the left.

The veteran is seeking an increased rating for his service-connected degenerative joint disease with foraminal stenosis, lumbar myositis, strain, and bilateral S1 radiculopathy. The Board has determined that additional development is necessary due to changes in the criteria for evaluating back disorders.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to determine the cause of any disabilities resulting from treatment at a VA facility in Boston, Massachusetts in July 1992.

The Board found that the veteran's current back disability was not present in service and is not related to service or event or occurrence therein. Arthritis may not be presumed to have been incurred in service.

The Board has granted a 60 percent rating for the veteran's degenerative joint disease of the lumbosacral spine with L5-S1 radiculopathy, effective from the date of the initial award. The right eye disability issue remains pending.

The Board denied the veteran's request for an earlier effective date of April 30, 1999, for a separate 10 percent evaluation for incomplete paralysis of the sciatic nerve. The decision found that the earliest date of entitlement was April 30, 1999.

The Board granted a rating of 60 percent for spondylitis with spondylolisthesis, effective prior to September 23, 2002.

The Board finds that the appellant's current lumbosacral spine, hip, and cervical spine disorders are related to his military service. The claim is granted.

The veteran's claim for a higher rating for his lumbar spine disorder was granted, and he received an effective date of April 2, 1992.,Service connection for cervical spine disability was established from August 27, 1992. The veteran also received TDIU benefits starting May 27, 2004.

The Board has granted service connection for tendonitis of the knees. The issue of an initial rating higher than 10 percent for scoliosis of the cervicothoracic spine with radiculopathy of the shoulders and wrist is remanded due to need for further development.

The Board has determined that the appellant's lumbar spine disability was not incurred or aggravated during his period of active duty for training (ACDUTRA) in June 1993, and therefore denied service connection.

The veteran's service-connected left arm muscle and nerve residuals are shown to be manifested by a neurological deficit that more nearly approximates moderate incomplete paralysis, warranting a 30 percent rating.

The VA denied the veteran's claims for service connection and an increased evaluation, but granted a 20 percent evaluation for low back strain with right sacroiliac radiculopathy effective July 2, 1999.