Radiculopathy & sciatica decisions — 2006

The veteran's appeal for service connection for PTSD was withdrawn. The case is being remanded to address the claim of service connection for lumbar disc disorder with herniation and radiculopathy.

The Board found no evidence of a cervical spine disorder with upper extremity radiculopathy during service or within one year after discharge. The veteran's current condition was first diagnosed over 13 years post-service, and there is no competent medical evidence linking the current condition to his military service.

The Board denied the veteran's claims for service connection for degenerative joint disease of C4-C7 with radiculopathy and a disability rating in excess of 10 percent for residuals of compression fracture of T7, finding that there was no evidence linking these conditions to his military service.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at Mayo Regional Hospital on November 28, 2004 was denied because the condition did not meet the criteria for emergency treatment under VA regulations.

The Board denied reopening of the veteran's claim for service connection for cervical and lumbar radiculopathy in February 4, 1998. The decision was based on the lack of new and material evidence.

The Board has determined that service connection for bipolar disorder and depression is not warranted. The claim to reopen the finally decided claim of entitlement to service connection for a low back disability (previously claimed as herniated discs) was denied.

The Board denied the veteran's claims for service connection for a fungal infection of the upper torso, and denied his requests for increased ratings and earlier effective dates for his service-connected disabilities.

The Board has granted a 50 percent rating for the service-connected lumbosacral strain, effective from September 26, 2003.

The veteran's current low back disorder, including pain and severe limitation of motion, has not been medically linked to his service-connected lumbosacral strain. The Board finds that the disability does not warrant a higher rating than the currently assigned 20 percent evaluation.

The veteran is seeking an increased evaluation for his service-connected low back disability, which includes L4-5 degenerative joint disease with degenerative disc disease and sciatica. The Board has determined that a new VA examination is necessary to determine the current severity of the condition.

The Board granted a 20 percent evaluation for the service-connected degenerative disc disease of the lumbar spine effective from November 8, 2002. The veteran's sinusitis was also found to warrant an initial evaluation of 30 percent.

The veteran's cervical spine disability was rated at 40 percent from January 16, 2001 to February 25, 2001.

The veteran withdrew his appeal, thus the case is dismissed without prejudice.

The veteran's lumbar paravertebral myositis is rated at 20 percent prior to November 18, 2005, and at 40 percent thereafter. The veteran's psoriatic arthritis of the right knee and neuritis of the sciatic nerve are both rated at 10 percent.

The veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records from Social Security Administration.

The veteran's lumbar spine disability and left lumbosacral radiculopathy were evaluated, but the RO denied an increased evaluation. The current evaluations are 40 percent for the lumbar spine disability and 20 percent for the radiculopathy.

The Board found that the veteran's current conditions were not caused by VA negligence or fault, and thus denied his claims for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's lumbar spine disability did not meet or approximate the criteria for a higher rating under former Diagnostic Code 5293 (as in effect prior to September 23, 2002). The current 40 percent rating was therefore denied.

The veteran's appeal includes claims for higher ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy. The RO has not yet considered these issues under the most recent rating criteria, so a remand is necessary to ensure proper evaluation.

The veteran's service-connected post-traumatic headaches are currently rated at the maximum schedular evaluation of 50 percent. The Board finds that she does not meet the criteria for a higher rating as her headaches do not present such an exceptional or unusual disability picture with marked interference with employment or frequent periods of hospitalization.