Radiculopathy & sciatica decisions — 2008

The Board has determined that the veteran's lumbar radiculopathy (claimed as sciatica) is due to his service-connected degenerative disc disease, and thus service connection is granted.

The veteran's low back disability is rated at 20 percent, but he is also entitled to a separate 10 percent rating for associated left sciatic nerve radiculopathy.

The Board has granted service connection for lumbosacral strain with right radiculopathy, headaches, and a visual disability. The veteran's lumbar spine disorder is related to his military service, as are his headaches. His visual impairment was noted in service but is not considered service-connected due to its congenital nature.

The veteran's claim for an increased rating for his service-connected status post lumbar laminectomy with degenerative joint disease and recurrent right sciatica is being remanded due to the need for additional development, including a VA examination.

The Board has dismissed the appeal for low back pain. The veteran's claims of service connection for bilateral hearing loss, cervical degenerative joint disease with C-8 radiculopathy, dysthymia and major depression (claimed as secondary to cervical degenerative joint disease), and a compression fracture of the thoracic spine are denied.

The veteran's claim for an increased rating for degenerative arthritis of the lumbar spine, status post laminectomy was denied as his disability did not meet the criteria for a higher rating.

The VA determined that there is no evidence of a lumbar spine disability with radiculopathy during the veteran's military service or within the one-year presumptive period after separation. The Board therefore denied the claim for service connection.

The Board granted an increased disability rating of 20 percent for radiculopathy of the right lower extremity and assigned an effective date of January 18, 2006. The lumbar spine claim was not addressed in this decision.

The Board found that the veteran's low back disorder was not incurred in or made worse by his military service and may not be presumed to have been incurred in service.

The veteran's claim for service connection for cervical radiculopathy C8 with left hand neuropathy was granted effective from May 22, 2006. The Board found that the earliest date of entitlement to this benefit is May 22, 2006.

The Board found that the veteran's cervical spine disability was not incurred or aggravated by his active duty service.

The Board has determined that the veteran's current herniated disc with sciatica is not related to his active military service and therefore denied the claim for service connection.

The veteran's appeal is being remanded for additional development, including a VA examination to determine the likely etiology of his hepatitis C and any secondary service connection claims.

The Board denied the veteran's claim for a rating in excess of 40 percent for clinical right L4-S1 lumbar radiculopathy and degenerative joint disease, finding that the evidence did not support such an increase.

The veteran's claims for increased ratings for his service-connected lumbar spine and right lower extremity disabilities are being remanded to the RO for further development, including obtaining updated VA treatment records and scheduling the veteran for additional examinations.

The Board has granted service connection for left sciatica and a residual left buttock surgical scar, but denied service connection for DJD as the residual of a left hip injury.

The Board found that the veteran's disability did not meet or approximate criteria for a higher rating under either the old or new applicable diagnostic codes, and thus denied his claim.

The veteran's appeal has been dismissed as he withdrew his appeal for the evaluation of incomplete sciatic nerve paralysis of both lower extremities.

The Board found that the veteran's service-connected lumbar spine degenerative joint disease with radiculopathy did not meet the criteria for a higher rating, as it had not manifested ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The veteran's right lower extremity radiculopathy is due to his service-connected lumbar spine disability. The Board has granted service connection for this condition, but denied the other issues on appeal as they are not related to service or service-connected conditions.