Radiculopathy & sciatica decisions — 2007

The veteran's service-connected herniated nucleus pulposus with clinical polyradiculopathy at L5-S1 does not meet the criteria for special monthly compensation based on loss of use of lower extremities.

The Board has remanded the case for further development due to a need for additional medical records and an examination.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral degenerative disc disease with radiculopathy, and has also found that he is entitled to a TDIU based on his service-connected disability.

The Board has determined that the veteran does not have sciatica of the right lower extremity and therefore, service connection is denied.

The VA determined that the veteran's degenerative disc disease of the lumbar spine with radiculopathy warrants a rating of 20 percent, effective October 1, 2002.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to evaluate his service-connected disabilities.

The Board finds that the preponderance of the evidence is against the veteran's claim for service connection for a cervical spine disability, including degenerative arthritis and radiculopathy at C6-7. The veteran's available service medical records do not show treatment for a cervical spine injury or disorder during his military service. There is no objective evidence of continuity of symptomatology after service. The initial demonstration of the disability at issue, years after service, is too remote from service to be reasonably related to service. No competent clinical evidence relates the veteran's current cervical spine disability to his military service.

The Board finds that the veteran's cervical spine condition was not incurred or aggravated in service and is not etiologically related to his service-connected lumbosacral strain. The radiculopathy of the right and left upper extremities are also denied as secondary to the cervical spine condition.

The veteran's lumbar spine disability is rated at 40 percent, which is the maximum schedular rating available under current criteria. The appeal for higher ratings has been denied.

The Board denied the veteran's claims for service connection for residuals of a cold injury, residuals of a concussion, right side paralysis due to cervical spine disability, degenerative changes with radiculopathy, status post C3 through C7 laminectomies and facet fusion. The decision also noted that new and material evidence had not been submitted to reopen the claim of service connection for headaches.

The VA denied a higher rating for the veteran's herniated nucleus pulposus, L5-S1 with left radiculopathy. The condition is rated at 20 percent.

The veteran's claims for increased ratings for his service-connected gunshot wound to the left posterior thigh and fragmentation wound below the left knee with sciatic nerve impairment have been denied. The RO found that neither condition warranted a rating in excess of the current evaluations.

The Board has granted service connection for chronic low back strain with bulging discs at L3-L4 and L5-S1 as caused by service-connected disabilities, including right lower extremity injuries.

The veteran's appeal is being remanded for further development of his service-connected low back pain and associated radiculopathy issues, including additional medical examinations to assess the severity of his disabilities.

The Board has remanded the case for further development, including obtaining medical records and conducting VA examinations to determine the severity of the veteran's service-connected back disability and whether there is a separate disability of the dorsal spine.

The veteran's service-connected cervical spine and lumbar spine disabilities have been granted initial disability ratings of 10 percent each, effective from October 1, 2003.

The Board has determined that the veteran's degenerative disc/degenerative joint disease of the lumbar spine and radiculopathy of the right lower extremity are at least as likely as not related to his military service, granting service connection for these conditions.

The veteran is seeking service connection for lumbar radiculopathy and neurological neuropathy, which he claims are related to his military service. The case has been remanded due to the need for additional development of medical records.

The Board has denied the veteran's claim for service connection for a low back disorder, finding that there is no evidence linking his current condition to his military service.

The Board denied the veteran's claims for increased ratings for his chronic back pain with degenerative changes at all lumbar levels and both S1 joints, as well as his sciatic radulopathy, left lower extremity. The initial rating of 10 percent was maintained.