Radiculopathy & sciatica decisions — 2008

The Board denied the claim for compensation under 38 U.S.C.A. § 1151 for cervical spine spondylosis, cervical spine arthritis, and/or C-6 radiculopathy, claimed as loss of use of right arm, caused and/or aggravated by an excisional biopsy of the right posterior lymph node at the Greenville VA Medical Center in March 2000.

The veteran's service-connected disability, considered alone, is not so disabling as to render him unable to care for his daily personal needs or protect himself from the hazards and dangers of daily living without care or assistance on a regular basis, nor does it confine the veteran to his immediate premises.

The veteran's service-connected degenerative changes at the glenohumeral and acromioclavicular joints, right, with radiculopathy, and degenerative disc disease with reversal of normal lordosis, cervical spine, with headaches were denied higher ratings.

The veteran's claims for service connection, increased rating, and higher initial rating were denied as the evidence did not support a finding of service connection or an increase in disability ratings.

The Board remanded the claims for further development as the rating of radiculopathy of the right lower extremity was not fully developed and procedurally ready for appellate review.

The veteran's lumbosacral strain with degenerative disc disease is not entitled to an evaluation in excess of 40 percent, but he is granted separate 10 percent evaluations for right and left lower extremity radiculopathy from December 12, 2005.

The veteran's service-connected thoracolumbar spine disorder has been rated at 40 percent for the period from May 2, 2001, and higher evaluations have not been warranted.

The case is being remanded for additional development, including a VA examination to determine the current status of the veteran's service-connected disabilities.

The Board denied service connection for tinnitus, residuals of a right eye injury, and a sleep disorder. The veteran's degenerative disc disease of the lumbar spine with stenosis, radiculopathy of each leg, PTSD, loss of the left great toenail, onychomycosis and tinea pedis, and COPD were not rated higher than their current levels.

The Board denied a rating in excess of 20 percent for the veteran's low back disability and granted a separate evaluation of 10 percent for right leg radiculopathy.

The veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the left lower extremity are being remanded to obtain additional evidence.

The Board denied service connection for the veteran's claimed conditions as there was no evidence of a chronic disability during service or a nexus between any current condition and his military service.

The Board denied service connection for degenerative disc disease at L5-S1 and sciatica, finding no relationship to the veteran's active duty or his service-connected knee osteoarthritis.

The Board denied service connection for a cervical spine disability with radiculopathy to the right arm and a low back disability with right leg numbness, as there was no evidence of a current disability or a nexus between the claimed disabilities and the veteran's military service.

The appeal is remanded to the RO for further development of evidence, including obtaining SSA records and scheduling VA examinations.

The veteran's low back, L5 radiculopathy, right ankle, and bilateral pes planus disabilities do not meet the criteria for higher ratings.

The appeal is remanded for a new examination to address the veteran's claim for increased ratings.

The veteran's claims for higher ratings were partially granted, with a 50% rating assigned for residuals of a laminectomy and discectomy at L4-5, and initial 20% ratings assigned for right and left lower extremity radiculopathy.

The veteran's claims for increased evaluations for left shoulder, right knee, left elbow, lumbar spine, and right lower extremity radiculopathy disabilities were denied.

The Board denied service connection for all the claimed conditions as there was no competent evidence of any currently diagnosed condition that is related to the veteran's active military service.