Radiculopathy & sciatica decisions — 2007

The Board denied an initial disability rating in excess of 10 percent for the residuals of a laceration of the left knee with skin graft and denied entitlement to an effective date prior to September 30, 1991, for the grant of service connection for degenerative disc disease of L4-L5 and L5-S1 with right lumbar radiculopathy.

The veteran's service connection claim for residuals of a right foot injury is granted. The Board also grants an increased rating to 60 percent for degenerative disc disease of the lumbar spine with hyperlordosis, effective from the date of the decision.

The veteran's claims for increased ratings for his low back disability and left leg radiculopathy are being remanded due to the need for additional medical examinations and consideration of recent treatment records.

The veteran's low back disability, characterized by spondylolysis L5-S1 and bilateral sciatica, has been rated at 20 percent since December 18, 2000. The RO increased the rating to reflect the revised criteria effective September 23, 2002.

The veteran's service-connected disabilities do not preclude employment consistent with his education and occupational experience, and the claim for TDIU is denied.

The Board denied the veteran's claims for increased ratings for his lower back disability and radiculopathy of both legs, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board denied the veteran's claims for service connection for systemic nerve damage, stenosis of the lumbar canal with associated right sided sciatica and loss of use of legs with numbness, degenerative disc disease of the cervical spine, heart condition (claimed as heart palpitations), residuals of chronic prostatitis with retractable testicles, painful erection/ejaculation, and loss of use of a creative organ, and depression. The veteran's service-connected psoriasis was also denied for an increased rating.

The veteran's appeal is remanded due to the need for additional medical examinations and re-adjudication of his claims.

The Board has remanded the case for further development to determine if the veteran's neurological symptoms and degenerative disc disease are related to his service-connected chronic low back strain.

The veteran's appeal is being remanded for additional development, including a new VA examination and consideration of his total disability rating based on individual unemployability (TDIU) claim.

The Board found that the veteran's current low back problems did not date from his service in the early 1980s, but rather began following a work-related injury in 2001. As such, service connection for these conditions is denied.

The Board has granted initial evaluations of 10 percent for each upper extremity affected by C7 radiculopathy, but denied an evaluation in excess of 10 percent for hyperthyroidism.

The veteran's appeal is being remanded for further action, including scheduling a videoconference hearing and clarifying his representation.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbosacral strain and radiculopathies of both lower extremities, finding that the evidence did not show ankylosis, pronounced intervertebral disc syndrome symptoms, or incapacitating episodes having a total duration of at least six weeks during the past twelve months.

The Board has denied the veteran's claims for service connection for a low back condition with radiculopathy, bilateral hearing loss, and tinnitus. The evidence did not support these claims.

The veteran's depression, NOS, has resulted in occupational and social impairment with occasional decrease in work efficiency due to symptoms such as depressed mood and some difficulty with sleep. The RO awarded a 30 percent evaluation for this condition.

The veteran's appeal for an increased rating for her degenerative disc disease of the lumbar spine with radiculopathy has been dismissed as she effectively withdrew her appeal.

The veteran's low back disability is rated at 40 percent, which includes both orthopedic and neurological manifestations. The neurological manifestations are rated separately as mild incomplete paralysis of the sciatic nerve.

The RO increased the disability rating for the veteran's low back disability from 20 percent to 40 percent, effective September 17, 2002. The neurological manifestations of the service-connected low back disability were also granted a 10 percent initial rating, effective September 17, 2002.

The veteran's claims for increased evaluations and initial evaluations in excess of 20 percent for right and left hip limitation of motion and lower extremity radiculopathy were denied. The RO continued the existing evaluation under Diagnostic Code 5243.