Radiculopathy & sciatica decisions — 2006

The Board found no competent evidence to relate the cause of the veteran's death to his period of active service or to the service-connected complete paralysis of the right sciatic nerve and significant negative evidence against this claim.

The Board has determined that the veteran's current spine disability was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred.

The VA determined that the veteran's current lower back disability, including lumbar stenosis and sciatica, was not incurred in or aggravated by his military service.

The Board has determined that the veteran's low back disability, manifested by limitation of motion and pain, warrants a 40 percent evaluation.

The veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine and associated S1 nerve root radiculopathy, left, is denied as the evidence does not meet the criteria for a disability rating in excess of 40 percent.

The Board has granted service connection for sinus headaches, finding that the veteran's sinus headaches began during service. The other issues regarding cervical radiculopathy and low back disorder with right leg numbness are remanded.

The veteran's right eye condition and lumbosacral strain with sciatica have been granted initial compensable ratings of 10% each.

The veteran's service-connected disabilities, particularly his back and leg disorders, render him unable to protect himself from the hazards or dangers incident to his daily environment. The Board finds that he is in need of regular aid and attendance.

The Board denied claims for increased ratings for traumatic arthritis of the cervical spine, lumbar spine with intervertebral disc syndrome, and radiculopathy of the left lower extremity.

The Board denied an initial evaluation in excess of 20 percent for the veteran's service-connected spine disability, finding that the criteria for a higher rating were not met at any point during the pendency of this appeal.

The veteran's degenerative disc disease of the lumbar spine and associated sciatica have been rated at 20 percent since August 1, 2002, and increased to 40 percent effective December 22, 2005. The RO has granted all requested higher ratings.

The veteran's PTSD, depression, right cervical radiculopathy, and right ulnar neuropathy are all found to be related to a personal assault she experienced during service. The Board grants these claims.

The veteran's appeal is being remanded for further development, including obtaining Social Security Administration records and addressing the issue of increased evaluations for degenerative disc disease L5-S1 and bilateral radiculopathy of lower extremities.

The Board has determined that additional development is needed to properly evaluate the appellant's cervical spine disability, including his right and left cervical radiculopathy. The case is being returned to the RO for further action.

The Board has remanded the case due to incomplete medical records and a need for further examination. The veteran's lumbar spine condition, including right leg and foot radiculopathy, is being reviewed for service connection.

The Board has determined that the veteran's radiculitis and sciatica of the right lower extremity is proximately due to or the result of his service-connected degenerative disc disease of the lumbosacral spine, thus granting service connection for these conditions on a secondary basis.

The Board has determined that the veteran does not have a left ankle disability or neurological impairment of the lumbosacral spine to include sciatica that is caused by his service-connected right ankle disability.,There is no evidence showing that the veteran's psychiatric disorder was incurred in or aggravated by military service.

The Board denied the veteran's claims for increased ratings for lumbar paravertebral myositis and right lower extremity radiculopathy, finding that the evidence did not support evaluations in excess of 40 percent and 10 percent, respectively.

The Board denied all service connection claims, finding no evidence of a current disability related to the veteran's period of service. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.