Radiculopathy & sciatica decisions — 2008

The Board of Veterans' Appeals has remanded the case for additional development, including obtaining updated VA medical records and arranging for a new VA examination to assess the severity of the veteran's service-connected low back strain with radiculopathy.

The veteran's initial claim for higher ratings for his low back disability and radiculopathy of the lower extremities was denied. The RO/AMC increased the rating for the low back disability to 40 percent effective August 10, 2006, but denied any higher ratings prior to that date or for the right and left lower extremity radiculopathies.

The veteran's sciatica of the left lower extremity is currently rated at 10 percent, and no higher rating is warranted as her symptoms do not meet or approximate the criteria for a higher rating.

The Board has reopened the veteran's claim of entitlement to service connection for a left knee disability and determined that new and material evidence has been received. The Board also found that the veteran's preexisting left knee disability was aggravated by his service-connected right knee disability, thus granting service connection for this condition.

The Board denied service connection for heart condition, systemic nerve damage, stenosis of the lumbar canal with associated right sided sciatica and loss of use of legs with numbness, degenerative disc disease of the cervical spine, residuals of chronic prostatitis with retractable testicles, painful erection/ejaculation, and depression.

The veteran's service-connected disabilities of the spine have been rated as noncompensable (0%) and denied for increased ratings.

The Board denied the veteran's claims for service connection for degenerative arthritis of the cervical spine and hands, as well as arthritis of the hands with ulnar neuropathy, both secondary to his service-connected low back disability. The VA examiner found no evidence linking these conditions directly to the service-connected condition.

The Board has determined that the effective date for the grant of service connection for the veteran's claimed conditions is February 19, 1963.

The Board has remanded the case for further evaluation due to a joint motion, and the veteran's need for regular aid and attendance or housebound status must be determined.

The VA has denied the veteran's claims for increased ratings for his service-connected chronic low back strain with osteoarthritis and left S1 radiculopathy, finding that the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's service-connected degenerative disc disease of the lumbar spine is rated at 10 percent, and his radiculopathy of the right lower extremity warrants a 10 percent rating. The veteran's epicondylitis remains unconnected to service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with VCAA notice.

The veteran's claims for increased evaluations for degenerative disc disease of the lumbar spine and radiculopathy of the left lower extremity are being remanded due to the submission of additional private medical records after certification to the Board. The RO must review this evidence and include it in a supplemental statement of the case (SSOC).

The VA denied an increased rating for the veteran's low back strain with disc desiccation, L3-4, and bulging discs of the lumbar spine as it did not meet the criteria for a higher evaluation.

The veteran's service-connected chronic low back pain with lumbar sprain, degenerative disc disease, arachnoiditis with radiculopathy, and spinal stenosis was evaluated at a 20 percent rating from March 6, 1998 to October 24, 2007. Since October 25, 2007, the veteran has been rated at 40 percent.

The veteran's claims for increased ratings were denied. The RO assigned separate and higher evaluations for the right knee disorder, but denied all other claims.

The Board has determined that there is no relationship between the veteran's current sciatica and her service-connected pelvic stress fracture, and thus denied her claim for service connection.

The Board has determined that the veteran's lumbosacral strain, myositis with clinical right sided L5, S1 radiculopathy warrants a 40 percent disability rating. A separate 10 percent evaluation is granted for mild incomplete paralysis of the sciatic nerve.

The veteran's combined rating of 60 percent due to service-connected disabilities did not render him unemployable for the period prior to September 21, 2004.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for extra-schedular consideration. The RO must refer this case to the Compensation and Pension Service for further review.