Radiculopathy & sciatica decisions — 2008

The veteran's lumbar degenerative disc disease and left leg sciatic radiculopathy were rated at 10 percent, as the evidence did not support a higher rating.

The case was remanded to schedule a hearing for the veteran regarding his claim for additional vocational rehabilitation training.

The veteran's claim for a disability evaluation greater than 20 percent for spondylolisthesis, L5-S1, radiculopathy, status-post fusion was denied as there is no clinical evidence that the condition has resulted in forward flexion of the cervical spine 15 degrees or less, forward flexion of the thoracolumbar spine 30 degrees or less, or favorable or unfavorable ankylosis of the entire cervical spine, the entire thoracolumbar spine, or the entire spine.

The veteran's lumbar spine disability was not found to warrant a higher rating, but the veteran did receive an increased rating of 10 percent for left lower extremity radiculopathy.

The veteran's degenerative disc disease of the lumbar spine is not manifested by incapacitating episodes, unfavorable ankylosis, or severe neurologic impairment. However, separate ratings for mild neuropathy in both lower extremities were granted.

The veteran's service-connected disabilities do not preclude substantially gainful employment consistent with his education and previous work experience.

The Board remands the claims for an increased evaluation and higher initial evaluations to the RO via AMC for additional development.

The Board remands the matter for additional medical examinations to assess the current severity of the veteran's service-connected low back disability.

The Board denied an increased evaluation for degenerative disc disease of the lumbar spine and an initial evaluation in excess of 10 percent for radiculopathy of the right lower extremity.

The Board denied an initial rating in excess of 40 percent for the lumbar spine disorder, a rating in excess of 10 percent for associated sciatic neuralgia, and a rating in excess of 50 percent for the left hip strain. The Board granted a 50 percent rating for the left hip strain prior to December 6, 2005.

The Board remands the matters for further development, including obtaining a more contemporaneous examination and additional medical opinions.

The veteran's lumbosacral disability was found to be manifested by disc protrusion and mild stenosis at L2-3; a small disc protrusion at L4-5 with an annular tear, ligament hypertrophy, and mild stenosis; and a disc osteophyte complex at L5-S1 abutting the nerve root with decreased disc spacing. The Board concluded that the criteria for an increased initial rating were not met.

The appeal for a disability rating in excess of 60 percent for lumbar degenerative disc disease with limited motion and radiculopathy was denied.

The veteran's claims for service connection for right ear hearing loss, residuals of fractured ribs, left hip and right fifth finger disabilities, a peptic ulcer, hypertension, an upper respiratory infection, renal failure, hyperlipidemia and gastroenteritis were denied as the evidence did not show that these conditions were incurred in or aggravated by active service.

The Board denied the veteran's claim for service connection for degenerative disc disease (DDD) of the cervical spine with C-7 radiculopathy, both as an original claim and as secondary to a service-connected injury to the right scapula.

The Board denied an increased evaluation for the lumbar spine disability but granted a separate initial evaluation of 10 percent for left leg radiculopathy.

The Board denied the veteran's claims for increased ratings for his lumbar spine and prostatitis conditions, finding that the evidence did not support higher evaluations.

The veteran withdrew his appeal on the claims before the Board, and the appeal is dismissed.

The veteran's service-connected cervical spine, lumbar spine, and left lower extremity radiculopathy disabilities do not meet the criteria for ratings in excess of 30 percent, 20 percent, and 10 percent respectively.

The veteran's dislocated coccyx with residual pain was incurred in active duty service.