Radiculopathy & sciatica decisions — 2008

The Board has determined that the veteran's neck disorder and right hand disorder were not incurred or aggravated by service, and therefore denied his claims for service connection.

The veteran's claims for increase in right knee chondromalacia and initial ratings for peripheral neuropathy of the lower extremities are denied. The claim for an earlier effective date for a rating for low back injury is also denied.

The Board has determined that the veteran's depression and left lower extremity radiculopathy are secondary to his service-connected low back disability. However, there is no evidence of a genitourinary disability related to service or service-connected conditions.

The Board has granted the veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbar spine with anterolisthesis of L4 on L5 and painful limited motion, as well as right lower extremity radiculopathy. The veteran is now rated at 20 percent for each condition.

The veteran's death was not caused by any service-connected disability.,The appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 as the veteran did not meet the requirement of having been continuously rated totally disabled for a period of ten years prior to his death.

The veteran's claims for service connection are being remanded due to the need for further evidentiary development, including obtaining medical records and scheduling a VA examination.

The Board found that the veteran's entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities arose on March 2, 2004. The effective date of this decision is set at February 27, 2002.

The veteran's old fracture of the right heel and ankle has manifested in some pain, but without more severe current manifestation of disability regarding the old fracture which would specifically implicate another DC or indicate a moderate foot injury of some kind, an increased disability rating cannot be granted. The veteran's claim for an increased rating for her disability of the sciatic nerve of the right leg is remanded due to potential jurisdictional issues.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the veteran's claims for service connection for low back disorder, right leg disorder, and left leg disorder. The Board also found that his preexisting psychiatric disorder was not aggravated by active duty.

The veteran's appeal is being remanded for further examination and evaluation to determine his employability due to service-connected disabilities, with consideration of his educational and occupational background.

The veteran's claims for increased evaluations for ankylosing spondylitis, sciatica of the left and right lower extremities, and recurrent uveitis were denied. The RO found that the service-connected conditions did not meet the criteria for higher ratings.

The Board has granted service connection for bilateral lower leg radiculopathy/radiculitis as secondary to the veteran's service-connected low back disability. The rating for eczematous dermatitis remains at 30 percent, and TDIU is pending further review.

The veteran's initial service-connected gastritis and degenerative arthritis of the lumbar spine with radiculopathy of the left leg were not found to warrant higher ratings. The seizure disorder was also denied.

The veteran's claim for an evaluation in excess of 40 percent as of March 19, 1998 was denied. The medical evidence did not show incapacitating episodes or unfavorable ankylosis of the entire thoracolumbar spine.

The veteran's initial evaluations for his left ankle condition, recurrent pruritis (skin disability), and lumbar spine disability have been granted with a 10 percent evaluation each. The other issues remain in appellate status.

The Board found that the veteran's low back disorder is not related to his active service, including as due to herbicide exposure. The evidence does not support presumptive service connection for a low back disorder.

The veteran's service-connected low back disability and associated right lower extremity radiculopathy are currently rated at 20 percent. The Board found no evidence of flexion limited to 30 degrees or less, nor any ankylosis of the spine, which would warrant a higher rating under DC 5237. There were also no incapacitating episodes of intervertebral disc syndrome lasting at least four weeks but less than six weeks during the last twelve months.

The veteran's appeal is being remanded for a Board video conference hearing. The issues include service connection for sleep apnea, residuals of a head injury, and reopening the claim for cervical spondylosis with radiculopathy.

The veteran has withdrawn his appeals for the increased evaluations of degenerative disc, lumbosacral spine with scoliotic deformity and spondylolisthesis L5 on S1, right sciatica, and osteoarthritis of the cervical spine.