Radiculopathy & sciatica decisions — 2007

The veteran's service-connected low back disability, L4-5 degenerative joint disease with degenerative disc disease and sciatica, was rated at 20 percent prior to March 18, 2003. From June 1, 2003, the rating remained at 20 percent.

The veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound status, as his inability to walk is attributed to a non-service-connected upper motor neuron lesion.

The veteran's lumbar spine disability was granted a 30 percent rating prior to July 7, 2003. From July 7, 2003, to September 1, 2003, he received a 50 percent rating for severe limitation of motion and compression fracture of L5. After that period, the disability was rated at 60 percent due to pronounced intervertebral disc syndrome.

The VA denied the veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities, finding that his conditions do not render him unable to secure or follow substantially gainful employment.

The Board has granted service connection for a right leg disorder, left leg disorder, and right knee disorder. Service connection was also established for wedge compression fracture at T12, posterior disc protrusion at L5-S1, and left lumbar facet arthropathy at left L4, L5, and S1 with radiculopathy. A 20 percent rating has been granted for the residuals of a gunshot wound to the left thigh.

The Board found no evidence to support a service connection claim for the veteran's current low back disability, concluding that it was not incurred during or related to his military service.

The Board has remanded the case for additional examinations and review of the claims file to determine if any service connection is warranted for various disabilities.

The veteran's claim for service connection for a back injury is being remanded due to the need for additional medical examination and opinion regarding the etiology of his current back disability.

The Board denied the veteran's claims for increased ratings for his service-connected herniated nucleus pulposus L5-S1 and left lower extremity radiculopathy, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The veteran's service-connected left shoulder disability is manifested by complaints of pain and moderately severe limitation of movement, but does not meet the criteria for a higher rating.,Prior to February 8, 2007, the veteran's cervical spine disability more closely resembles moderate intervertebral disc disease with recurring attacks. As of February 8, 2007, it does not resemble severe intervertebral disc syndrome or severe limitation of motion and is rated at 20 percent.,The veteran's lumbar spine disability prior to February 8, 2007 more closely resembles moderate intervertebral disc disease with recurring attacks. As of February 8, 2007, it does not resemble severe lumbosacral strain or severe intervertebral disc syndrome and is rated at 40 percent.,The veteran's left upper extremity radiculopathy prior to September 23, 2002 is equivalent to mild incomplete paralysis of the ulnar nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's right upper extremity radiculopathy prior to September 23, 2002 does not reach the level of mild incomplete paralysis of the ulnar nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's right leg radiculopathy prior to September 23, 2002 does not reach the level of mild incomplete paralysis of the sciatic nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's left leg radiculopathy prior to September 23, 2002 is equivalent to mild incomplete paralysis of the sciatic nerve. As of September 23, 2002, it is rated at 10 percent and remains so after April 28, 2003.,The veteran's left leg radiculopathy from April 28, 2003 to present is equivalent to mild incomplete paralysis of the sciatic nerve. It does not reach the level of moderate incomplete paralysis.

The Board has decided to remand the case due to the need for additional development, including obtaining Social Security Administration records and requesting an updated medical opinion.

The Board denied the veteran's claim for an effective date prior to March 7, 2002 for a compensable evaluation of his service-connected lumbosacral strain with fracture of the pars, L5 and degenerative joint disease with L5-S1 radiculopathy.

The veteran's appeal is being remanded to the RO for proper consideration of her TDIU claim, including a VA examination and additional development of her service-connected disabilities.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his broken hip was a significant factor in his death but not related to any service-connected disabilities.

The veteran's cause of death was renal failure due to or as a consequence of gastrointestinal bleeding. The appellant claims that the veteran's conditions were caused by medications for his service-connected low back disorder, including NSAIDs and aspirin.

The Board finds that the appellant does not have a current diagnosis of a neck disability and there is no evidence linking his current back condition to service. The claim for residuals of a neck injury is denied.

The Board finds that the veteran's service-connected herniated nucleus pulposus and bilateral radiculopathy do not warrant a rating in excess of 20 percent.

The Board found that the veteran's degenerative disc disease of the lumbar spine with radiculopathy was not incurred in or aggravated by service and may not be presumed to have been incurred during service.

The veteran's service-connected lumbosacral strain with degenerative disc disease and right lower extremity sciatica, residual of fracture transverse process at L4 is currently rated as 40 percent disabling. The issue remains in appellate status due to the RO's recent increase from noncompensable to 10 percent for bilateral otitis media.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling orthopedic and neurologic examinations to assess the veteran's low back disability.