Radiculopathy & sciatica decisions — 2007

The Board has granted a rating of 20 percent for the veteran's low back strain and degenerative arthritis, effective March 31, 2005. The initial compensable rating for left plantar warts was also granted. However, the claim for service connection for Meniere's syndrome remains pending as it is not addressed in this decision.

The Board denied the veteran's claims for service connection of a sciatic nerve disability involving the right lower extremity and an increased rating for low back disability. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The veteran's migraines are not rated higher than 30 percent.,Prior to May 31, 2002, the veteran's degenerative disc disease was not rated higher than 20 percent. From May 31, 2002, forward, his condition has been rated at 20 percent.,From August 7, 2004, forward, the veteran's left leg radiculopathy has been rated at 20 percent.

The Board has determined that further development is needed due to the submission of new evidence and a need for a VA examination. The appeal will be remanded to the RO for consideration.

The veteran's appeal is being remanded due to the need for additional medical records and examinations related to his lumbar spine disability, including postoperative recovery from scheduled surgery. The TDIU claim remains pending.

The Board denied the veteran's claim for service connection for bilateral carpal tunnel syndrome with left ulnar nerve neuropathy, finding that it was not related to any injury or disease incurred in service. The issue of reopening a 38 U.S.C.A. § 1151 claim for compensation resulting from VA medical treatment is remanded.

The Board has determined that the veteran's current low back disorder is not attributable to service, and thus denied his claim for service connection.

The Board found that the veteran's current back disability is not related to VA medical treatment in September 1990, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's death was not caused by a service-connected condition, and there is no evidence to support the appellant's claims of negligence or inadequate care. The cause of death was attributed to brainstem herniation due to large right cerebral stroke.

The Board finds that the veteran's low back disorder with left sciatica is secondary to his service-connected left knee disorder and grants service connection for this condition.

The Board denied the veteran's claims for service connection for right upper extremity C6 nerve root radiculopathy with associated motor weakness and major depressive disorder, finding that new and material evidence was not submitted to reopen the former denial. The veteran did not have a current disability linked to his in-service thoracic scoliosis or depression, nor could he establish secondary service connection.

The Board has remanded the case for additional development, including obtaining clarification from the veteran regarding any private or work-related injury treatment since 1999 and scheduling a VA orthopedic examination to determine if there is at least a 50 percent probability or greater that any present neck disorder was incurred as a result of his service-connected ankle disabilities.

The veteran's hepatitis C and herniated nucleus pulposus with radiculopathy have been granted service connection, and the rating for the herniated nucleus pulposus has been increased to 40 percent.

The Board has determined that the veteran's sciatica, radiculopathy, and mild foot drop in the right lower extremity are proximately due to or the result of his service-connected low back disability. As a result, service connection for these conditions is granted.

The Board has granted a 20 percent rating for lumbosacral strain with disc disease and left lower extremity radiculopathy, effective from March 2001. The ratings for right and left knee internal derangement remain at 10 percent.

The veteran's claim for a total rating based on individual unemployability (TDIU) is being remanded due to the need for additional VA clinical records and notification regarding effective date of award.

The Board found no evidence of a nexus between the veteran's current back and leg conditions and his military service, thus denying both claims for service connection.

The Board found no evidence of current disabilities marked by back strain with radiculopathy, numbness of the fingers of both hands, a sleep disorder, or headaches. Therefore, service connection for these conditions is denied.

The Board denied the veteran's request for an effective date prior to October 17, 2000 for service connection of lumbar strain with degenerative arthritis, degenerative disc disease and radiculopathy of the left lower extremity based on alleged clear and unmistakable error in a September 1997 rating decision.

The veteran's intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent, and his left L5 radiculopathy is rated at 10 percent. The right leg radiculopathy also warrants a 10 percent rating.