Radiculopathy & sciatica decisions — 2007

The Board has remanded the case for additional development, including obtaining medical records from the Social Security Administration and providing the veteran with a neurological examination to determine if his current cervical spine disability is related to symptoms noted in service.

The veteran's service-connected disabilities render him unable to care for his daily personal needs without assistance from others and unable to protect himself from the hazards of daily living, qualifying him for special monthly compensation on account of a need for regular aid and attendance.

The veteran's low back disability and sciatica have been rated, with the low back disability receiving a rating of 40 percent and sciatica receiving a separate 10 percent rating.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and sciatica, finding no evidence of current disabilities or a link to service.

The Board denied an increased evaluation for the service-connected unstable left ankle and granted service connection for right upper extremity radiculopathy, but denied service connection for a claimed bilateral foot disorder. The veteran's claims for increased evaluations of his left knee disability and service connection for left upper extremity radiculopathy are remanded.

The Board has remanded the case for additional development, including obtaining SSA disability benefits records and VA outpatient treatment records. The veteran's low back condition, including DJD and radiculopathy, will be evaluated by a new orthopedic and neurological examination to determine current disabilities and their severity.

The Board has remanded the case due to the need for a VA examination and further review of the claims file, including the September 2001 private medical record. The veteran's claim for service connection is also pending regarding a clear and unmistakable error in a February 1980 rating decision.

The Board denied the veteran's claims for increased evaluations for his lumbar spondylosis and radiculopathy of both lower extremities, finding that he did not meet the criteria for a higher evaluation based on the current evidence.

The veteran's low back disability and lumbar radiculopathy were evaluated, but the RO found that neither condition warranted an evaluation in excess of 20 percent or 10 percent, respectively. The decision is denied.

The Board has granted a 40 percent rating for post-operative residuals of a herniated disc in the lumbar spine, effective October 3, 2002. The veteran's right lumbosacral radiculopathy is rated at 20 percent.

The Board has determined that the submitted evidence is not new and material, and thus the claims for service connection for right femur disability, lumbar spine disability, left hip disability, and residual injury to the left sciatic nerve remain denied.

The Board is granting an effective date of February 25, 2000 for the veteran's entitlement to additional VA compensation for a spouse. The RO must also consider whether an earlier effective date is warranted and remand all other matters on appeal.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound was denied. The RO has not rated all of his disabilities, including those related to his service-connected C5 radiculopathy with bilateral arm weakness, hepatitis C, carpal tunnel syndrome, gastroesophageal reflux disease, gunshot wound residuals, and partial amputation.

The Board denied the veteran's claims for increased ratings for her service-connected residuals of a laminectomy and discectomy at L5-S1, as well as her incomplete paralysis of the right sciatic nerve. The evidence did not meet the criteria for higher ratings under VA rating criteria.

The Board granted higher initial ratings of 40 percent for right upper extremity radiculopathy and 20 percent for right lower extremity radiculopathy, effective from November 1, 2002.

The Board finds that the veteran's low back disability, including associated radiculopathy of the lower extremities, is service-connected as a result of an in-service injury.

The Board has determined that the veteran's low back disability warrants a rating of 20 percent, as it meets the criteria for such under the General Rating Formula for Diseases and Injuries of the Spine.

The veteran's claim for an increased evaluation for his service-connected cervical spine disability was denied as the evidence did not show severe limitation of motion, intervertebral disc disease with severe recurring attacks, incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks but less than six months during the past 12 months, forward flexion of the cervical spine 15 degrees or less, or favorable ankylosis of the entire cervical spine.

The Board denied the veteran's petition to reopen his claim for a permanent and total disability rating for pension purposes, effective from May 1, 1985, to January 30, 1989. The veteran's conditions did not meet the criteria for such a rating.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative joint disease and degenerative disc disease with radiculopathy to the right leg in the L4-5 dermatome is being remanded due to the need for further development, including orthopedic and neurologic evaluations.