Radiculopathy & sciatica decisions — 2007

The veteran seeks service connection for a back disability, but the case is remanded due to incomplete information and need for further examination.

The Board has granted a 60 percent initial disability rating for the veteran's discogenic disease of L2-L5 with radiculopathy and myositis, effective from the date of service connection.

The veteran's service-connected degenerative disc disease at L4-L5 and L5-S1 is currently rated as 60 percent disabling. A separate 10 percent rating for left lower extremity sciatica has been granted effective September 23, 2002. The Board denied the claim for TDIU due to service-connected disabilities.

The veteran's claims for service connection and secondary service connection are being remanded due to the need for additional medical opinions and development of evidence.

The Board has denied the veteran's claims for service connection for residuals of a head injury, bilateral leg disorders, and gastroenteritis. The case is being remanded to allow consideration of additional evidence.

The RO reduced the veteran's rating for his low back injury from 40% to 20%, effective April 1, 2003. The reduction was proper as there has been improvement in the veteran's condition.

The Board has remanded the case for additional development, including obtaining service medical records and VA treatment records. The veteran's current low back disorder, numbness of the legs, and migraine headaches are being evaluated to determine if they originated in service.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and service department termination records. The TDIU claim will also be referred to the appropriate first line authority for consideration of an extraschedular rating.

The Board finds that the preponderance of evidence does not support a finding that any service-connected disability caused or contributed to the veteran's death. The cause of death was congestive cardiomyopathy, which is not shown to be related to service.

The veteran's appeal is being remanded for additional development due to a material change in his disability since the last examination.

The Board has remanded the case for additional development due to incomplete records and other issues.

The Board granted a 40 percent evaluation for radiculopathy in the right lower extremity, but denied any higher rating. The veteran's condition is characterized by loss of sensation and impaired function of the foot with an absent ankle reflex.

The VA denied the veteran's claims for increased disability ratings for his service-connected low back pain and radiculopathy of the lower extremities, maintaining a 40 percent rating for the back condition.

The Board finds that the appellant is not entitled to DIC under 38 U.S.C.A. § 1318 because the veteran was not rated totally disabled from service-connected disabilities for 10 continuous years immediately preceding death nor was he totally disabled continuously after discharge for a period of service not less than 5 years immediately preceding death.

The Board has granted a rating of 40 percent for the veteran's left sciatic nerve injury residuals, secondary to a shell fragment wound (SFW), which is the highest schedular rating available under VA regulations. The evidence does not support an increase in this rating.

The veteran's appeal is being remanded for further evaluation and consideration of his claims due to the need for additional medical records and examinations.

The veteran's low back and right leg disabilities are not service-connected, while his left hip disability is found to be related to his service-connected shell fragment wound. The rating for the shell fragment wound remains at 10%.

The veteran's service-connected disabilities have been rated based on their current severity. The effective date for the increased ratings and service connection has been determined.

The veteran's service-connected chronic lumbar degenerative disc disease with right L5 radiculopathy is currently rated at 20 percent, and the Board finds that this rating adequately reflects the severity of his condition.

The Board has determined that the veteran's post-operative residuals are not caused by VA carelessness, negligence, or lack of proper skill. The Board finds no fault on the part of VA and concludes that the additional disability was not unforeseeable.