Radiculopathy & sciatica decisions — 2006

The Board has granted a rating of 40 percent for the veteran's service-connected lumbar strain with radiculopathy, effective from February 28, 2003.

The veteran's low back pain and right lumbosacral radiculopathy were not incurred in or aggravated by service, nor may a neurological disorder manifested by right lumbosacral radiculopathy be presumed to have been incurred therein. PTSD was not incurred in or aggravated by service. The veteran's service-connected disabilities do not render him individually unemployable.

The veteran's claims for service connection for various conditions, including urinary tract problems, retinopathy/cataracts, a sweat gland disorder, a pulmonary disorder, and radiculopathy of the chest wall, are all denied as secondary to his service-connected diabetes mellitus.

The Board denied an increased rating for the veteran's degenerative disc disease of the thoracic and lumbar spine, finding that his disability picture more nearly approximates a 20 percent evaluation under old IVDS criteria.

The Board has denied the veteran's claims for service connection for vertigo and degenerative discopathy, lumbar radiculopathy, and arthritic spurring of the lumbar spine. The issues are remanded to obtain additional medical records and to schedule the veteran for VA examinations.

The Board denied a rating in excess of 60 percent for spondylitis with spondylolisthesis and denied entitlement to a rating in excess of 10 percent for radiculopathy of the left lower extremity.

Effective September 18, 1989, the veteran received service connection for a post-operative scar, residuals of lumbar spine fusion and a 40 percent rating.,The veteran's right lumbosacral radiculopathy was rated at 10 percent effective September 23, 2002.,PTSD was granted with a 100 percent rating effective June 1, 1997.,Bilateral sensorineural hearing loss claim was denied.

The veteran is seeking service connection for herniated nucleus pulposus, L5-S1 with right S1 radiculopathy and C5-6 with right C6, C7 radiculopathy and bulging C3-4 and C4-5. The Board has determined that a remand is necessary to obtain medical opinions regarding the existence of these conditions and their relationship to service.

The Board denied the veteran's claims for initial compensable ratings for tension headaches and a rating in excess of 10 percent for right upper extremity radiculopathy, finding that the evidence did not support higher evaluations under the applicable VA rating criteria.

The veteran's claims for increased evaluations for his low back disorder and associated radiculopathy have been denied. The evidence does not support the assignment of higher ratings under the applicable rating criteria.

The veteran's death was not service-connected, and his total disability rating did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board found that the veteran's current degenerative disc disease of L5-S1, right hip and knee disorders, and right thigh pain are not related to his military service.

The Board has determined that the veteran's cervical spine/neck disability is not related to his service-connected left knee disability, and thus denied the claim for secondary service connection.

The veteran's appeal has been dismissed due to his death.

The veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including scheduling VA examinations.

The veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine disability and radiculopathy.

The Board has remanded the case for further development, including obtaining VA and SSA records. The veteran is currently service connected for a depressive disorder and degenerative disc disease of the lumbar spine with bilateral L5-S1 radiculopathy. He is entitled to a TDIU due to his service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

The Board denied the appellant's claims for increased evaluations for his lumbar spine disability and dysthymia disability, as well as his claim for an earlier effective date for TDIU.

The Board has determined that the veteran's claimed back and leg conditions are not related to his military service, and thus denied both claims for service connection.

The Board granted a 20 percent disability rating for low back strain with disc protrusion at L5-S1, effective September 1, 2003. The separate 10 percent rating for radiculopathy of the left lower extremity remains unchanged.