Radiculopathy & sciatica decisions — 2007

The Board denied the veteran's claim for an earlier effective date for a 40 percent disability rating for his service-connected degenerative disc disease with sciatica, finding that the first increase in symptomatology was noted on September 2002 examination and thus the earliest possible effective date is February 24, 2002.

The Board has reopened the claim of service connection for left shoulder disability, but remanded the issue of carpal tunnel syndrome of the left hand due to lack of new and material evidence. The veteran's current left shoulder disorder is likely related to his service-connected right arm amputation.

The VA has granted a 20 percent evaluation for the veteran's post-operative residuals of a herniated nucleus pulposis, L5-S1 with radiculopathy extending to the left lower extremity.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant.,Service connection has not been established for blindness in both eyes, loss of use of either hand, or any disability resulting in the anatomical loss or loss of use of both feet.

The veteran's unauthorized medical expenses incurred at St. Joseph's Medical Center on April 24, 2005 were denied as the treatment was for a non-emergent condition and VA facilities were feasibly available.

The Board has determined that further development is needed regarding the veteran's claim for TDIU due to his service-connected disabilities. The case is REMANDED for a supplemental VA medical opinion and review of the claims file.

The Board has determined that the veteran's pre-existing congenital back fusion at L-4, L-5 and S-1 was aggravated during service. Therefore, service connection for degenerative disc disease and sciatica of the left leg is granted.

The Board has determined that a VA examination is necessary to determine the etiology of the veteran's spine disability and left lower extremity radiculopathy, as well as whether any congenital defects or superimposed diseases are service-connected.

The Board denied service connection for a back disability, including scoliosis of the thoracic spine and/or lumbar spine sciatica. The claim was not reopened for flat feet.

The veteran's service-connected disabilities did not cause or contribute substantially to his death from metastatic non-small cell lung carcinoma. The Board finds that the preponderance of evidence does not support a finding that any service-connected condition caused or contributed to the veteran's death.

The veteran's service-connected L3-5 herniated nucleus pulposus and right L4 radiculopathy have been rated at the maximum available evaluation of 20 percent since May 1, 1999.

The Board found that the veteran does not have a separate right leg disability and denied his claim for service connection.

The veteran's cervical spine disorder is currently rated at 30 percent, and the Board has granted this evaluation. The service connection for left carpal tunnel syndrome was also established.

The Board has ordered the case to be remanded for additional development, including providing the veteran with VCAA notice and obtaining VA examinations. The claims for increased rating, service connection reopening, and secondary service connection will be reconsidered after these actions.

The veteran's low back disability is currently rated at 10 percent prior to February 21, 2006 and 40 percent since then. His right and left elbow disabilities are both rated as noncompensable.

The veteran's service-connected disabilities, including low back strain with radiculopathy and depressive disorder, are found to be sufficient by themselves to preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background. Therefore, the claim for a TDIU is granted.

The Board finds that the veteran's cervical spine disorder is not service-connected and denied his claim. The NOD regarding the denial of a higher rating for lumbar spine disability was timely filed.

The Board has denied the veteran's claims for service connection for a back disorder and hypertension, finding that there is no credible evidence linking these conditions to his military service.

The veteran's service-connected lumbar disc disease and associated radiculopathy have been granted increased ratings, with a combined rating of 70 percent as of June 1, 2006. The effective date for the TTD remains pending.