Radiculopathy & sciatica decisions — 2007

The Board granted service connection for bilateral upper extremity radiculopathy and denied service connection for eczema. The veteran's allergic rhinitis and sinusitis were rated at 30 percent prior to February 1, 2006.

The Board found that the veteran's cervical radiculopathy does not warrant a higher initial rating than 40 percent.

The veteran's claim for an increased rating for his service-connected cervical spine disorder, which includes chronic cervical strain with degenerative disc and joint disease, and bilateral upper extremity radiculopathy, is being remanded due to insufficient medical evidence regarding the severity of his neurological manifestations. The RO must obtain all pertinent records from the Sutter North Medical Foundation and schedule the veteran for VA examinations to determine the nature and severity of his service-connected cervical spine disorder.

The Board has remanded the case for additional development, including a VA examination by an orthopedic or neurology specialist to determine the etiology of the veteran's left lower extremity radiculopathy with left foot drop and whether it is related to service-connected chronic lumbosacral strain.

The Board granted the veteran's claims for increased ratings for his low back strain with degenerative changes and left S1 radiculopathy, but denied his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The effective date of compensation for left S1 radiculopathy was not addressed as it pertained to an earlier effective date issue.

The Board denied the veteran's claims of service connection for bilateral ankle, knee, and low back disabilities as secondary to her service-connected pes planus. The claim for an increased rating for pes planus was also denied.

The Board has determined that additional development is needed to determine if the veteran's current back disability is related to his service-connected injury in June 1986. The case is therefore being remanded for further examination and opinion.

The veteran's service connection claim for radiculopathy of the right lower extremity is denied as there is no evidence that he currently has this condition.,The veteran's claim for an initial evaluation in excess of 10 percent for compression fracture at L4 is denied. The current disability picture does not meet the criteria for a higher rating under the applicable diagnostic codes.,Prior to March 3, 2006, there was no medical evidence showing radiculopathy of the left lower extremity due to service-connected conditions. Therefore, an initial compensable evaluation is denied prior to that date.

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the veteran requires regular aid and attendance or is substantially confined to his premises due to service-connected disabilities.

The VA denied the veteran's claim for an increased evaluation of her cervical spine disability, currently rated at 40 percent. The evidence did not meet the criteria for a higher rating based on severe limitation of motion or intervertebral disc disease.

The veteran's claim for an earlier effective date for service connection was denied as his claim was received after the one-year period following his discharge from active duty.

The veteran's request for an increased evaluation of his service-connected cervical C6-7 radiculopathy is being remanded due to the need for new VA examinations and additional development.

The veteran is entitled to special mode transportation due to his service-connected disabilities and medical necessity.

The Board denied service connection for low back disability, cervical spine disability, radiculopathy of the bilateral lower extremities, depression, and genito-urinary disability. The veteran's claims were not supported by competent medical evidence linking his current conditions to his military service.

The veteran is service-connected for multiple disabilities, including a right shoulder disability rated at 40 percent disabling. The combined rating of his service-connected disabilities is 90 percent, meeting the criteria for a TDIU rating.

The Board has determined that the veteran was not entitled to a total disability rating for 10 years prior to his death, and therefore does not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the veteran's sensory radiculopathy of the left thigh warrants a rating in excess of 20 percent, while his intervertebral disc disease of the lumbar spine remains at 40 percent.

The veteran's claim for a temporary total disability rating based on unemployability due to service-connected disabilities is being remanded for further development, including obtaining medical opinions and Social Security Administration records.

The veteran's claim for increased ratings for her service-connected disabilities has been granted. She is now rated at 40 percent for chronic lumbosacral fibromyositis with left L4-S1 radiculopathy and degenerative joint disease, effective from the date of the decision. For cervical fibromyositis with right C6 radiculopathy, she receives a 30 percent rating prior to May 19, 2003, and a 40 percent rating since that date.