Radiculopathy & sciatica decisions — 2007

The veteran was granted service connection for various conditions, including Raynaud's phenomenon and polymyositis of the shoulders and hips. The initial ratings assigned were all 10 percent.

The Board has found that the veteran's radiculopathy of the right lower extremity is due to his service-connected lumbosacral strain with degenerative disc disease at L5-S1, and thus grants service connection for this condition.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The veteran's claim to restore the 20 percent rating for his HNP at L5-S1 on the left has been granted.,The veteran's claim to reopen for service connection for sleep apnea was not supported by new and material evidence, resulting in denial of this claim.,Service connection for hypertension was denied.,Service connection for diabetes mellitus was denied.,Service connection for GERD was denied.,Service connection for a dental disorder was denied.,Secondary service connection for right hip, shoulder, and knee disorders was denied.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The Board has granted a 60 percent disability rating for the veteran's degenerative disc disease of the lumbar spine with spinal stenosis and radiculopathy, effective August 23, 1999. The veteran is also granted a total disability rating based on individual unemployability due to his service-connected back disability.

The Board found that the veteran's degenerative joint disease of the lumbar spine with sciatic radiculitis does not warrant a rating in excess of 20 percent, and granted separate ratings for right and left sciatic radiculitis.

The Board has determined that the veteran's lumbar radiculitis with herniated disc at L5-S1 warrants a single 40 percent disability rating from May 16, 2005. The left lower extremity radiculopathy is separately rated as 10 percent.

The veteran's claims for an increased evaluation for his lumbar spine disability and TDIU are being remanded due to the need to obtain SSA records, determine if extra-schedular consideration is warranted for TDIU, and complete any additional development deemed necessary.

The veteran's claim for service connection of sciatica of the left lower extremity is denied as it is a symptom of his already service-connected meralgia paresthetica.,The veteran's hypertension does not meet the criteria for an increased evaluation, and he remains in receipt of a noncompensable rating.,The veteran's rosacea warrants a 10 percent evaluation under Diagnostic Code 7828.

The veteran's appeal for an increased rating for cervical spine strain with left shoulder radiculopathy and myofascial pain is dismissed.,PTSD has been rated at 50 percent since May 28, 2004, through January 1, 2005, and from February 3, 2005.

The veteran's claims for effective dates prior to January 31, 2005 for service connection of L4, L5, and S1 radiculopathy of the left and right lower extremities have been granted.

The veteran's claim for a higher rating for her low back disability was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The veteran's low back disability, characterized by degenerative disc disease and radiculopathy in the right lower extremity with limitation of motion and pain, warrants a 60 percent rating under the old criteria for intervertebral disc syndrome.

The veteran's appeal is being remanded for the VA to obtain updated treatment records and conduct a VA examination to assess his service-connected low back disability and right lower extremity radiculopathy. The veteran will also be provided an opportunity to respond to the Supplemental Statement of the Case.

The Board has determined that additional development is necessary before the claims for service connection can be properly adjudicated.

The Board has determined that the veteran's current degenerative disc disease of the lumbar spine and right-sided sciatica and radiculopathy are not related to his time in service, and thus denied both claims for service connection.

The Board has determined that a compensable rating for hypertension is not warranted. The veteran's current 20 percent evaluation for degenerative arthritis of the lumbosacral spine and his 10 percent evaluation for right S1 radiculopathy are denied.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the left knee and lumbar stenosis with L-4 radiculopathy, as well as his claim for an increased rating for medial meniscus tear of the right knee. The decision also notes that the veteran may wish to verify his service in Vietnam if he served there after January 9, 1962.

The veteran is seeking service connection for his current low back and left hip conditions as secondary to his service-connected left leg disability. The Board has ordered additional development of the record, including obtaining opinions from the veteran's private orthopedic surgeon and SSA records.