Radiculopathy & sciatica decisions — 2006

The veteran's lumbar spine disability is rated at 40 percent since October 7, 2003. His right shoulder separation remains at 20 percent.

The veteran's claim for TDIU was remanded due to the need for additional development, including an examination and referral for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Board has determined that the veteran's radiculopathy of the left lower extremity is secondary to his service-connected residuals of a fracture of the left femur, and thus grants service connection for this condition.

The Board has determined that the veteran's service-connected osteoarthritis with radiculopathy warrants a 60 percent rating, effective from the date of this decision.

The veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a current disability related to his in-service parachute accident, and the VA examinations did not support any current knee or lumbar spine disorders.

The veteran's lumbar disc disease with sciatica is rated at a maximum of 60 percent since the award of service connection.

The Board has determined that the veteran's neck disability is not related to his service-connected bilateral knee disorder, and therefore denied the claim for secondary service connection.

The veteran's claims for higher initial evaluations of his degenerative disc disease at L3-4 to L5-S1 and radiculopathy of the left lower leg were denied. The Board also found that there is no legal entitlement to earlier effective dates for TDIU and DEA benefits.

The Board has determined that the evidence does not support a finding of current service-connected disability for gastroesophageal reflux disease, and thus denied this claim. The issue of sciatica of the right leg is remanded for further development.

The Board has determined that the veteran's stenosis of the lumbar spine (L4-5) with radiculopathy and respiratory disorder were not incurred in or aggravated by active military service, and may not be presumed to have been incurred in or aggravated by active military service. The claim for a respiratory disorder is remanded.

The veteran's claims for increased ratings and an earlier effective date are being remanded due to procedural issues.

The Board has determined that the veteran's service-connected disabilities do not render him unemployable, and thus denied his claim for a total disability rating due to individual unemployability.

The Board denied the veteran's claims for increased ratings for left S1 radiculopathy and peripheral neuropathy of the left lower extremity, as well as a compensable rating for the residuals of a gunshot wound to the buttocks. The veteran appealed these decisions.

The Board denied the veteran's claims for service connection for various conditions, including hypertension, chronic sinusitis, a psychiatric disorder (including post-traumatic stress disorder), a chronic pulmonary disorder, prostatitis with benign prostatic hypertrophy, carpal tunnel syndrome, and heart disease. The appeals were also addressed regarding reopening of claims for arthritis, back disorder, and ulcer.

The veteran's appeal is being remanded due to the need for additional evidence and a contemporaneous examination.

The VA denied an increased rating for the veteran's lumbar myositis and radiculopathy, currently rated at 40 percent.

The veteran's left sciatic neuritis is rated at a 40 percent disability level, the maximum allowed under VA regulations.

The Board found no evidence of in-service injury or disease that would support service connection for the veteran's claimed low back, neck, and sciatica disabilities. The claims were denied as there is insufficient medical evidence to establish a link between current disability and military service.

The Board has granted a 20 percent rating for lumbar spondylolisthesis and a separate 10 percent rating for right lower extremity radiculopathy, effective from the date of the initial decision.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death from aspiration pneumonia, cerebrovascular accident, and chronic obstructive pulmonary disease. The evidence does not support a finding of service connection for the cause of death.