Radiculopathy & sciatica decisions — 2006

The veteran's claim for a higher rating for his chronic low back pain syndrome with traumatic arthritis, herniated nucleus pulposus, and radiculopathy is granted. The effective date of the decision is not specified.

The veteran's claims for increased evaluations of his service-connected cervical spine and multiple joints disabilities have been denied. The reduction in the evaluation for rheumatoid arthritis from 60 percent to no percent as of July 26, 2005 has also been denied.

The veteran's death was not caused by a service-connected disability, and the surviving spouse is not entitled to dependency and indemnity compensation under 38 U.S.C.A. § 1318 or 38 U.S.C.A. § 1151.

The veteran's claim for an initial rating in excess of 10 percent for degenerative joint disease of the lumbar spine is being remanded due to the need for additional development, including obtaining private and worker's compensation records.

The Board denied service connection for bilateral hearing loss and tinnitus, and denied increased evaluations for radiculopathy of the right and left legs. The veteran's disabilities are rated as 10 percent disabling bilaterally.

The Board is remanding the case to obtain new evidence and possibly a VA examination, as well as to ensure that all development actions have been conducted in full. The veteran's claim for service connection for HNP L5-S1, left L5 radiculopathy will be reconsidered based on this additional information.

The Board has reviewed the veteran's claims for service connection for various conditions and finds that there is no competent or probative evidence linking any of these conditions to his military service, including alleged receipt of an anthrax vaccine. As such, the veteran's claims are denied.

The veteran's service-connected disabilities, while disabling, do not prevent him from securing and following substantially gainful employment.

The veteran's service-connected disabilities are so severe that he is unable to engage in substantially gainful employment.

The VA denied an increased evaluation for the veteran's lumbar spine disability, currently rated at 40 percent. The evidence did not show incapacitating episodes or unfavorable ankylosis of the entire thoracolumbar spine.

The Board granted a rating of 20 percent for low back strain with right sacroiliac radiculopathy, effective from July 2, 1999.

The Board has denied the veteran's claims for service connection for lumbar disc disease with lower extremity radiculopathy and an increased rating for low back strain, finding that there is no evidence linking these conditions to service or service-connected disabilities.

The Board finds that the veteran has a current back disability and grants service connection for chronic lumbar syndrome, bilateral L5 and S1 radiculopathy, and central disc protrusion at L5-S1. The claim for psychiatric disorder is denied.

The Board has determined that the veteran's degenerative disc disease, status post laminotomy with radiculopathy is not related to his service-connected low back strain and thus denied service connection for this condition.

The VA determined that the veteran's claim for an evaluation in excess of 60 percent for his left L4-S1 radiculopathy with dorsolumbosacral paravertebral myositis and a dissicated and bulging disc at L5-S1 was denied. The maximum schedular rating (60%) has already been assigned.

The Board denied the veteran's claims for service connection for tinnitus and for a higher evaluation of his lumbar spine disability. The TDIU claim was also denied.

The Board has determined that the veteran's current lumbar disk disease, associated chronic lower back pain, L4-5 disk herniation with nerve root impingement, and left-sided L5-S1 radiculopathy, as well as his visceral reflex sympathetic dystrophy with associated chronic scrotal/groin/pudendal nerve pain, are the result of injuries sustained during active service. As such, these conditions have been granted service connection.

The veteran's claim for special monthly pension by reason of need for regular aid and attendance is granted due to his psychiatric condition, which requires the daily personal health services of a skilled provider without which he would require hospital or nursing home care.

The Board has determined that the veteran's back and knee disabilities do not warrant a rating in excess of 40 percent under either the old or revised criteria for evaluating spine and IVDS, respectively. The right and left knees are currently rated as 10 percent disabling.

The Board found that the veteran's service-connected back disability has not resulted in the loss of use of his feet or hands, and thus denied his claim for automobile and adaptive equipment or for adaptive equipment only.