Radiculopathy & sciatica decisions — 2008

The veteran was granted a 40 percent rating for intervertebral disc syndrome of the cervical spine and lumbar spine, effective September 23, 2002.

The appeal is remanded to the RO for further development of evidence related to the veteran's back and hemorrhoids conditions.

The Board denied the veteran's claims for service connection for lower extremity radiculopathy and a rating in excess of 40 percent for his low back disability, as there was no evidence of current lower extremity radiculopathy or that the veteran's low back disability had worsened to warrant an increased rating.

The veteran's service-connected herniated nucleus pulposus, L4-5 was rated at 40 percent from February 28, 2007 forward, while the right lower extremity radiculopathy did not warrant a higher rating.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development.

The veteran's claims for increased ratings for her service-connected disabilities are being remanded to the RO for further development and readjudication.

The veteran's claim for an earlier effective date for the award of service connection for degenerative disc disease of the lumbar spine was denied as there is no legal basis for an effective date prior to April 29, 1993.

The veteran is entitled to direct payment of supplemental attorney fees from past due benefits in connection with an award of increased ratings stemming from an initial claim of entitlement to service connection for degenerative disc disease of the lumbar spine.

The Board granted a 20 percent rating for the orthopedic manifestations of the service-connected degenerative disc disease of the lumbar spine and right knee disability, but denied increased ratings for other conditions.

The veteran's service-connected DJD and DDD of the lumbar spine is manifested by complaints of pain and no more than moderate functional impairment, accompanied by symptoms compatible with mild neurological deficit in each lower extremity. The Board finds that an initial disability rating in excess of 20 percent for DJD and DDD of the lumbar spine has not been met.

The Board denied service connection for various conditions, including chest tumor with blood spots, abdomen and left shoulder tumors, neuralgia, pancreas disability, persistent cough, severe joint pain, peripheral neuropathy, actinic keratosis and skin cancer, diabetes mellitus, type II, memory disability, liver disability and possible cirrhosis, urinary disability, prostate disability, right leg disability, left knee disability, and right hip disability. The Board also denied an increased rating for the veteran's service-connected chronic muscular strain superimposed on degenerative instability with sciatica.

The veteran's initial ratings for allergic rhinitis, herniated disc of the lumbosacral spine, and radiculopathy of the right lower extremity were determined. The rating for the low back disability was increased to 40 percent.

The veteran was granted a 20 percent rating for right lower extremity radiculopathy, but the claim for an increased rating for lumbar spine disability was denied.

The veteran's claim for a higher initial rating for service-connected degenerative joint disease of the lumbar spine was denied, and the case is being remanded for further development.

The appeal is being remanded to provide the veteran with proper VCAA notice and to obtain additional evidence.

The Board denied the veteran's appeal for a rating in excess of 20 percent for her cervical spine disorder, finding that the evidence did not support a higher rating.

The veteran's lumbar radiculopathy was rated at 20 percent for the entire period of claim, while his dorsolumbar paravertebral myositis did not warrant a higher rating.

The case is remanded to the RO for further development and adjudication of the issue of entitlement to an earlier effective date for service connection.

The Board has determined that the veteran's testicular nodule, cervical radiculopathy, peripheral neuropathy, sleep apnea, anemia, periodontitis, hemorrhoids, depression (related to PTSD), migraine headaches, and carpal tunnel syndrome are not related to his active service. However, the veteran's depression is related to his service-connected PTSD.

The veteran's service-connected degenerative disc disease of the lumbosacral spine and sacroiliitis is rated at 40 percent, and service connection for sciatica of the left lower extremity was granted.