Radiculopathy & sciatica decisions — 2006

The Board granted a combined evaluation of 50 percent for the veteran's cervical spine disability since June 14, 2004. The initial compensable evaluations for left knee disability were denied.

The veteran's service-connected atrophic scars of the back and shoulders have been rated as 10% since July 29, 1991.,For his cervical myositis and polyradiculopathy of C3-C4, C4-C5 and C5-C6 prior to November 15, 1994, the veteran has not met the criteria for a rating in excess of 30%.

The Board granted an increased rating of 20 percent for the veteran's service-connected lumbar degenerative disc disease, effective from September 26, 2003. The decision also noted that a separate 10 percent rating was assigned for sciatica associated with the lumbar spine disability.

The Board denied the claim for service connection for lumbar degenerative joint disease with radiculopathy, finding that there is not likely a nexus between the appellant's current disability and his military service.

The veteran's cervical spine disability is rated at 40 percent, and his thoracic spine disability is rated at 10 percent. The left upper extremity radiculopathy is rated at 20 percent.

The veteran's appeal is being remanded to the RO for a comprehensive VA examination and additional development of his claims file. The case will be readjudicated based on the provisions of 38 U.S.C.A. § 1114 and 38 C.F.R. §§ 3.350 and 3.352.

The Board has determined that the veteran's right C5-C7 radiculopathy does not warrant an evaluation in excess of the currently assigned 20 percent rating.

The Board finds that the veteran's current low back disorders are not related to his military service and therefore denies his claim for service connection.

The Board found that the veteran's death was not proximately due to or the result of a disease or disability incurred or aggravated during service, or presumptively service connected.

The veteran's death was caused by cardio-respiratory arrest, with atherosclerotic heart disease and hypertensive vascular disease contributing substantially to his death. The appellant has established that the veteran had internment as a POW for at least 30 days, which qualifies him for presumptive service connection under the revised regulations.

The Board granted a 60 percent rating for the service-connected postoperative L5-S1 herniated disc residuals with radiculopathy, effective May 8, 2003.

The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative disc disease and spondylosis with L5 radiculopathy, lumbosacral spine, effective as of April 26, 2005.

The veteran's appeal is being remanded for additional development, including a VA examination and consideration of the revised rating criteria. The case will be returned to the Board if further action is required.

The Board has determined that the October 1968 rating decision was clearly and unmistakably erroneous in failing to award an 80% evaluation for the service-connected fracture of the right femur with femoral and sciatic nerve damage and complete foot drop under Diagnostic Code 8520. To this extent, the veteran's claim for an earlier effective date for the award of the 80% evaluation is granted, effective January 1, 1969.

The Board denied the veteran's claims for service connection for a cervical spine disability, an increased evaluation for his lumbar spine disability, and initial evaluations in excess of 10 percent for radiculopathy of the lower extremities. The TDIU claim was also denied.

The Board denied the veteran's claims for service connection for residuals of a right hand injury, increased rating for degenerative disc disease of the cervical spine with radiculopathy to the right shoulder, and compensable rating for laceration scar of the right wrist.

The veteran's claim for an increased rating for his low back strain was denied due to failure to report for a VA examination. The Board also found that the veteran's current disc disease is not service-connected as it did not result from or be aggravated by his service-connected low back strain.

The Board has determined that the veteran's service-connected disabilities do not preclude him from performing full-time employment as a recreational therapist, and thus he is not entitled to additional vocational rehabilitation training.

The Board is remanding the case for further development to address whether service connection can be granted for the cause of the veteran's death and whether DIC benefits under 38 U.S.C.A. § 1318 can be awarded.

The Board denied the veteran's claims for increased evaluations for his L3-5 herniated nuclei pulposus and right L4 radiculopathy.