Radiculopathy & sciatica decisions — 2007

The Board found that the veteran does not have a fracture of L2-5 or any residuals thereof, and thus denied his claim for service connection.

The veteran's claims for increased ratings for his service-connected elbow and thigh injuries were partially granted, with a 30% rating assigned for the left posterior thigh condition. The elbow condition remains at 10%. The effective date is not specified.

The veteran's service-connected conditions have been granted, but evaluations in excess of the currently assigned ratings are denied.

The Board granted a 70 percent evaluation for PTSD from November 8, 2004, and denied an increased rating for lumbosacral strain.

The veteran's claims for service connection for thoracic myofascitis, cognitive disorder due to closed head injury, and radiculopathy secondary to lumbar spine pathology have been granted. The claims for bilateral hearing loss, degenerative joint disease of the knees, hypertension, fibromyalgia and/or chronic pain syndrome, hepatitis C, and gastroesophageal reflux disease (GERD) remain pending.

The veteran's claims for increased ratings for his service-connected low back disability and radiculopathy of the right lower extremity were denied. A separate 10 percent rating was granted for a postoperative scar of the lumbar spine.

The Board has granted an initial rating of 10 percent for radiculopathy of the left lower extremity, effective from September 13, 2004. The veteran's claim for a higher schedular or extraschedular rating in excess of 10 percent for this condition and for a higher schedular or extraschedular rating in excess of 20 percent for postoperative residuals of a laminectomy at L-4 and partial laminectomy at L3-4, with lumbar strain remains pending.

The Board has determined that the claims folder may be incomplete and requires further action to confirm service dates, obtain medical records, and provide the veteran with appropriate examinations. The case is therefore being remanded for these purposes.

The Board denied the veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the left lower extremity, finding that the evidence did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board has granted an effective date of February 19, 2003 for the award of nonservice-connected pension benefits due to the veteran's diagnosis with coronary artery disease on that date. The earlier effective date is based on her hospitalization and subsequent diagnosis.

The Board has determined that the veteran's sciatica, left, warrants an initial evaluation of 20 percent.

The Board denied service connection for residuals of spondylosis of the cervical spine with radiculopathy and an increased rating for degenerative disc disease of the lumbosacral spine. The veteran's current neck disability was not incurred or aggravated in service, and arthritis may not be presumed to have been. For his lumbar spine disability, a higher rating than 40 percent is denied as there are no findings of pronounced intervertebral disc syndrome or unfavorable ankylosis.

The VA determined that the veteran's combined disability evaluation does not meet the criteria for a TDIU due to service-connected disabilities, but found him unable to secure and follow substantially gainful employment.

The veteran's claims for increased ratings and separate ratings for orthopedic and neurologic disabilities relating to chronic low back pain have been denied.,VA has granted service connection and a separate 20 percent evaluation for chronic low back pain with spondylosis and limitation of motion, effective from September 23, 2002. The RO assigned this effective date because it was the effective date of a final rule allowing for separate ratings for neurologic disabilities.,The veteran's claims for increased ratings have been denied as his low back symptoms do not meet the criteria for higher ratings under applicable diagnostic codes.

The veteran's initial compensable evaluation for spondylolisthesis of the lumbosacral spine with right lower extremity radiculopathy was granted prior to June 28, 2005. From June 28, 2005, his disability rating was increased to 60 percent.

The Board has granted an initial rating of 40 percent for the service-connected lumbar spine disability, effective October 1, 1999. The veteran's cervical spine disability is rated under Diagnostic Code 5243.

The veteran's degenerative disc disease of C5-6, with right radiculopathy, and a disability of the right great toe (bunion) are both found to be service-connected. The veteran is currently assigned a 10% disability rating for his left hallux rigidus.

The veteran's claims for increased ratings for his service-connected lumbar spine and right leg radiculopathy disabilities were denied. The RO found that the veteran did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board has denied the veteran's claims for service connection for degenerative disc disease of the thoracolumbar spine and cervical spine, finding no competent medical evidence linking these conditions to his military service.

The Board found that the veteran's service-connected low back disability did not render him unemployable prior to April 27, 2001 and thus denied his claim for an earlier effective date for TDIU.