Radiculopathy & sciatica decisions — 2006

The veteran's claim for an earlier effective date for service connection for Reiter's disease and related conditions was denied as the earliest date of claim is February 12, 2003.

The Board denied the veteran's claims of service connection for sciatic neuropathy and diabetes mellitus, as well as his claim for an increased rating for chronic cervical spine strain. The veteran's cervical spine disability was evaluated at a 20% rating based on its range of motion.

The Board has remanded the case for further development, including obtaining National Guard records and medical opinions regarding the veteran's service connection claims.

The veteran's low back strain with radiculopathy is currently rated at 20 percent, but the Board finds that this rating does not meet the criteria for a higher disability evaluation.

The veteran's service-connected low back pain with radiculopathy is rated at the highest available rating of 40 percent, while her pes planus and headaches are each rated at their maximum allowable ratings. The total disability rating for TDIU was granted.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a 100 percent evaluation due to multi-level degenerative changes, spondylolisthesis, ligamentum flavum hypertrophy and uncovertebral joint hypertrophy, autofusion and degenerative arthropathy extending from T12 all the way to the sacrum, muscle spasm, limitation of motion, ankylosis, pronounced appearance of stoop, spinal stenosis, instability, and functional impairment due to pain.

The veteran's claims for increased evaluations of his service-connected disabilities are being remanded to allow for additional development and consideration.

The Board finds that the veteran's current low back disorder is as likely as not caused by his service-connected left orchiectomy due to a scrotal injury in service, and grants service connection for this condition.

The Board has determined that the veteran's low back disability warrants a 20 percent evaluation, effective from September 26, 2003.

The Board has remanded the veteran's claims for initial compensable ratings for chondromalacia of the knees and carpal tunnel syndrome of the left wrist due to incomplete information from previous examinations.

The Board denied service connection for the veteran's residuals of fracture of the first lumbar vertebra and L4-5 radiculopathy, as well as his PTSD. The evidence did not support a finding that these conditions were related to active service.

The Board found that the veteran's current cervical radiculopathy and pain were not caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. Therefore, compensation under 38 U.S.C.A. § 1151 for these conditions was denied.

The veteran's claims for service connection and higher initial disability ratings were denied. The Board found no evidence of a current liver disease or other claimed conditions, and the veteran did not provide sufficient evidence to establish service connection.

The veteran's cervical spine disability is rated at 20 percent, effective February 29, 1996. The RO has continued the non-compensable ratings for his left hip and bilateral hearing loss disabilities.

The Board denied the veteran's claims for evaluations in excess of 20 percent and 40 percent for his degenerative disease of the lumbar spine, L5 right radiculopathy since August 2000 to February 2006. The effective date is set at February 13, 2006.

The Board denied service connection for a cervical spine disability and granted a 40% rating for lumbosacral myositis with left radiculopathy as of July 8, 1998. The veteran's claim for a higher rating prior to that date was denied.,The veteran is entitled to a total disability rating due to individual unemployability.

The Board found that the veteran did not incur any additional disability, including left common peroneal neuropathy and left lumbar radiculopathy, as a result of VA treatment in December 1996.

The veteran's service-connected residuals of a shell fragment wound to the left thigh are currently rated at 30 percent, and his service-connected mechanical low back pain with traumatic degenerative changes and radiculopathy is currently rated at 40 percent. The appeal seeks higher ratings for these conditions.

The Board found no evidence linking the veteran's current back disability to his service, and denied his claim for service connection.

The veteran's claim for increased ratings for his service-connected low back strain is being remanded due to the need for additional medical examination and development of evidence. The case also includes a secondary service connection claim for degenerative disc disease of the lumbar spine with facet arthropathy and radiculopathy.