Radiculopathy & sciatica decisions — 2007

The Board found that the denial of the veteran's request for an extension of his appeal deadline was improper and granted the veteran's claim.

The veteran's appeal is being remanded for additional development, including a new neurological examination to assess the severity of his sciatica and a statement of the case on the reduction of his disability rating.

The Board denied all claims for increased ratings, finding that the veteran's lumbar spine condition did not nearly approximate the criteria for an increased rating under any of the pertinent rating provisions.

The veteran's claims for increased ratings for lumbosacral strain and eye disability were denied. The current evaluations of 20 percent for the back disability and non-compensable for the eye disability are maintained.

The veteran's initial disability ratings for degenerative disc disease of the lumbar spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are denied as they do not meet the criteria for higher ratings.

The Board has remanded the case for additional development, including a VA examination and obtaining relevant medical records. The veteran's service-connected disabilities are being evaluated to determine if they prevent him from engaging in substantially gainful employment.

The Board has granted service connection for PTSD and assigned a 20 percent rating for degenerative disc and joint disease of the lumbar spine. The other claims are pending further development.

The Board has reopened the veteran's claims for service connection for right ear hearing loss, cervical spine arthritis with nerve impingement, and lumbar radiculopathy and spinal stenosis. The new evidence submitted since the last denial supports these claims.

The Board denied the veteran's claims for service connection for pinched nerves and radiculopathy secondary to degenerative changes of the lumbar spine, as well as his claim for higher initial ratings for degenerative changes of the lumbar spine. The appeals were dismissed due to untimely filing of a substantive appeal.

The veteran's service-connected disabilities do not meet the eligibility criteria for financial assistance in acquiring an automobile or other conveyance, nor specially adapted housing or a home adaptation grant.

The Board has denied the veteran's claims for service connection and increased evaluations for his low back disorder, diabetes mellitus, and duodenal ulcer disease. The issues of increased evaluations for diabetes mellitus and duodenal ulcer disease were withdrawn by the veteran during a Travel Board hearing.

The Board has reopened the appellant's service connection claim for the cause of the veteran's death due to new and material evidence submitted since the December 2000 decision. However, the preponderance of the evidence does not support a finding that any service-connected disability caused or contributed substantially or materially to the cause of the veteran's death.

The Board denied the veteran's claim for an increased rating of his lumbosacral radiculopathy, finding that he did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the veteran's degenerative joint disease of the lumbar spine with radiculopathy is not related to his service or herbicide exposure, and therefore denied his claim for service connection.

The veteran's claims for increased evaluations of his service-connected cervical spine condition and low back strain were denied by the RO, as both conditions are currently rated at their maximum allowable under current VA rating criteria.

The veteran's claim for an increased rating for his service-connected low back disorder is being remanded due to unclear findings regarding neurologic abnormalities and the need for further examination.

The Board denied the veteran's claims for service connection for back disorder with pain, leg symptoms and sciatica, as well as COPD, asthma and bronchitis. The Board found that a chronic back disorder was not manifested during or within one year after service, nor is there competent evidence relating current back disorder to service. For COPD, asthma and bronchitis, the Board concluded that they were not incurred in or aggravated by active service.

The veteran's intervertebral disc syndrome at L4 and L5 with degenerative arthritis is currently rated as 20 percent disabling. The ratings for sciatica in the left lower extremity and right lower extremity are also granted at 20 percent each.

The Board has determined that the veteran's diabetes mellitus with retinopathy and neuropathy is not related to service, thus denying his claim for service connection.

The Board has granted a 40 percent rating for the veteran's right lower extremity radiculopathy, effective October 2, 2002. The low back disability remains at 40 percent.