Radiculopathy & sciatica decisions — 2007

The veteran's degenerative joint disease in the lumbar spine is rated at 10 percent, effective from April 2006. A separate rating of 10 percent for left lumbar radiculopathy is granted.

The Board has remanded the case for additional development, including obtaining VA outpatient treatment records and scheduling a VA examination to determine if the veteran's current left upper arm radiculopathy is related to service.

The Board has denied the veteran's claims for service connection for various back, hip, leg, and knee disorders as well as left and right upper extremity disorders. The evidence does not establish that these conditions were incurred or aggravated during active duty.

The Board has determined that the veteran's hearing loss and degenerative disc disease of the lumbar spine with radiculopathy are not service-connected. The VA examiner found no evidence linking these conditions to service.

The veteran's service-connected disabilities were granted with initial evaluations. The bilateral pes planus and hallux valgus of the right foot each received a noncompensable evaluation, while carpal tunnel syndrome was assigned 10 percent ratings for both wrists.

The veteran's claims for increased evaluations of his right and left ankle disorders, as well as his left leg radiculopathy and lumbar strain were granted. The effective date is not specified.

The veteran's claim for an initial evaluation in excess of 10 percent for herniated nucleus pulposis at L4-S1 with right hip radiculopathy is being remanded due to the need for additional development, including scheduling a VA spine examination.

The Board denied service connection for cervical degenerative disc disease and denied a total disability rating based on individual unemployability due to the veteran's service-connected lumbar spine disorder. The Board found that the cervical spine disorder did not manifest in service or as a result of his service-connected lumbar spine disorder.

The Board has granted a 60 percent evaluation for the veteran's post-operative low back injury with degenerative disc disease of the lumbosacral spine, effective from September 23, 2002.

The Board denied the veteran's request for a higher disability rating for his degenerative disc disease of the lumbar spine, finding that his symptoms did not warrant a rating in excess of 10 percent. The issue of increased rating for radiculopathy of the right lower extremity was remanded.

The veteran's claims for increased ratings and service connection were denied. The cervical spine DJD was rated at 30 percent, TMJ dysfunction varied in rating based on interincisal range of motion, dysthymic disorder was rated at 30 percent, lumbar spine DJD with sciatica was not related to service or any applicable presumptive period, and seizures were not incurred in or as a result of active duty service.

The Board has determined that the veteran's cervical spine disorder, including a herniated disc at C6-7, was incurred in service and granted service connection.

The Board has determined that the veteran's degenerative disc disease of the cervical spine with radiculopathy was not incurred in or aggravated by service.

The Board granted service connection and a 20 percent initial rating for low back pain with right leg radiculopathy, effective March 9, 2000. The veteran's appeal is now on whether the current rating of 20 percent should be increased.

The veteran's appeal is being remanded for additional development, including obtaining medical records and issuing a statement of the case. The TDIU claim is inextricably intertwined with the right-sided radiculopathy rating issue.

The Board granted an increased initial rating of 70 percent for PTSD, effective from August 24, 2000. The RO also granted a separate 10 percent disability evaluation for right sciatic neuropathy, effective from the same date.

The veteran's claims for higher initial disability ratings were denied. The RO granted service connection for post-operative residuals of left L4-L5 discectomy, pterygium of the right eye, pinguecula of the left eye, and radiculopathy of the left leg but did not grant a higher rating for asthma or other conditions.

The veteran's claims for increased ratings for service-connected right and left hand disabilities were denied.,Service connection for bilateral hearing loss was also denied.

The veteran's appeal is being remanded for additional development, including a new VA examination and consideration of the September 2002 and September 2003 amendments to the rating criteria for his cervical spine disability.

The veteran's service-connected residuals of a shell fragment wound of the sacral area with S2 motor radiculopathy are rated at 20 percent, reflecting moderate limitation of lumbar spine motion. The claim for a compensable rating for the neck condition was also granted.