Radiculopathy & sciatica decisions — 2006

The veteran's claims for increased evaluations for his lumbar spine disability and upper back strain with radiculopathy were denied as the evidence did not meet the criteria for a higher evaluation under VA rating criteria.

The Board denied the veteran's claims for secondary service connection for sciatica and an increased rating for his residuals of a shell fragment wound to the low back, finding no evidence supporting either claim.

The Board granted a 20 percent initial rating for the veteran's bulging discs of the lumbosacral spine with arthritis, effective prior to April 23, 2002. The issue of TDIU remains on appeal.

The veteran's lumbosacral strain with myositis of the lumbar paravertebral muscles, L5 radiculopathy, and atrophy is rated as 60 percent disabling.

The RO has remanded the case for further development, including a more contemporary examination of the veteran's service-connected low back disability and completion of VA Form 21-8940 regarding his TDIU claim. The effective date will be assigned if an increased rating is awarded in relation to these claims.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for cervical spine spondylosis, cervical spine arthritis, and/or C-6 radiculopathy caused by an excisional biopsy at the Greenville VA Medical Center in March 2000. The appeal is being remanded to obtain additional medical records and ensure proper development of the case.

The Board has granted a 60 percent rating for the service-connected lumbar spine intervertebral disc syndrome and associated radiculopathy of the right and left lower extremities effective from September 23, 2002.

The veteran's claim for special monthly pension based on need of regular aid and attendance or housebound status is denied as he does not meet the criteria for such benefits.

The Board has determined that the veteran's service-connected right upper extremity radiculopathy, limitation of motion of the cervical spine, and occipital headaches do not warrant an initial rating in excess of the currently assigned evaluations.

The Board has remanded the case due to incomplete records and the need for a VA examination.

The veteran's claims for service connection for chronic right hip disorder, chronic lumbar spine disorder, and chronic right sciatic nerve disorder were denied as they are not considered to be related to his active service.

The Board denied the veteran's claims for increased evaluations for traumatic arthritis of the cervical spine, lumbar spine with intervertebral disc syndrome, and radiculopathy of the left lower extremity. The ratings were found to not meet the criteria for an increased evaluation under applicable diagnostic codes.

The veteran's claim for an initial compensable rating for degenerative intervertebral disc disease without radiculopathy is being remanded due to the need for additional medical records and a VA examination.

The veteran's low back disability is rated at 20 percent effective June 27, 2005.,Beginning on May 6, 2004, the service-connected low back disability was rated at 10 percent.

The Board has determined that the veteran's radiculopathy affecting the right lower extremity warrants a rating of 20 percent, and service connection for his right hip disability is denied as not proximately due to or the result of service-connected disability.

The Board has granted a separate 30 percent evaluation for the veteran's right (major) humeral compound fracture residuals with biceps muscle involvement and scar residuals under the provisions of 38 C.F.R. § 4.71a, Diagnostic Code 5202.

The veteran's initial rating for spondylolisthesis, L5-S1, with degenerative changes at L4 and left L5 radiculopathy was granted at 20 percent prior to August 14, 2002. The RO increased the rating to 40 percent effective on August 14, 2002.

The Board has granted a 40 percent evaluation for the veteran's low back disability, including lumbar disc disease and right-sided radiculopathy, effective October 1, 2002. The rating is based on combined evaluations of orthopedic and neurological manifestations.

The veteran's back condition does not meet the criteria for special monthly compensation by reason of loss of use of any foot, need for regular aid and attendance, or being permanently housebound due to service-connected disability.

The veteran's claim for an increased rating for lumbosacral strain with sciatica is being remanded due to the need for additional medical records and a VA examination.