Radiculopathy & sciatica decisions — 2006

The Board denied the veteran's claims for increased ratings for his service-connected spine disability and radiculopathy of the left lower extremity, finding that the evidence did not support a higher rating under the applicable VA regulations.

The VA determined that the veteran's service-connected chronic lumbosacral strain with L5-S1 radiculopathy does not warrant a rating in excess of 40 percent.

The Board has restored the veteran's total disability rating based on individual unemployability due to his service-connected disabilities, but found that clear and convincing evidence of actual employability was not established. The decision is in favor of the veteran.

The veteran's claim for an increased rating for his post-operative herniated nucleus pulposus, right at L5-S1, currently rated as 10 percent disabling was denied by the RO. The Board remanded the case to obtain additional medical records and schedule a VA examination.

The veteran's service-connected low back disability is manifested by daily low back pain, with occasional pain radiating to the right hip and back of the right leg, as well as limitation of range of motion of the lumbar spine. The Board denied an increased rating for his service-connected lumbar spine disability.

The Board finds that the veteran's current low back strain with L5 radiculopathy is not related to his service and denies the claim.

The Board has determined that a 40 percent disability evaluation, but no higher, is warranted for the service-connected degenerative disc disease of the lumbar spine throughout the appeal period.

The veteran's service-connected disabilities are not shown to be of such nature and severity as to preclude the performance of all types of substantially gainful employment, thus denying a total evaluation based on individual unemployability.

The veteran's claim for financial assistance in acquiring an automobile or other conveyance and adaptive equipment was denied as her service-connected disabilities do not meet the eligibility criteria.

The Board denied the claims of service connection for GERD, hiatal hernia, gastritis, hypertension, and a right perforated eardrum. The appellant's active duty was from January 1968 to March 1970.

The veteran's appeal is being remanded for additional development due to the failure to provide proper VCAA notice.

The veteran's claims for increased ratings and compensable evaluations for her back and knee disabilities are being remanded due to the need for additional development, including a VA examination.

The veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected cervical radiculopathy and for proper notice regarding TDIU.

The Board has granted an increased evaluation of 40 percent for mechanical lower back strain with L5-S1 herniation, effective July 14, 2005. The veteran's sciatica of the left lower extremity is rated at 20 percent since June 2004.

The Board denied the veteran's claims for increased evaluations for neuralgia of the sciatic nerve and left gamekeeper's thumb, finding that his failure to report for scheduled VA examinations resulted in denial of these claims.

The Board has determined that the veteran's degenerative disk disease of L4-L5 with sciatica and L5-S1 is not related to his military service, and there are no compensable residuals associated with his service-connected low back contusion. Therefore, the claims for service connection and a compensable evaluation have been denied.

The Board has determined that the veteran's back injury with spondylolysis of L4-L5 and grade I spondylolisthesis of L5-S1 warrants a rating in excess of 40 percent, but not for left lumbar radiculopathy. The veteran is currently rated at 40 percent for his primary disability.

The VA denied the veteran's claim for an increased disability rating for his service-connected low back disorder, as it did not meet the criteria for a higher rating than 20 percent.

The veteran's service-connected herniated nucleus pulposus at L5-S1 with limitation of motion is currently rated as 20 percent disabling, and his right lower extremity radiculopathy due to a herniated nucleus pulposus at L5-S1 is currently rated as 10 percent disabling.