Radiculopathy & sciatica decisions — 2008

The Board has determined that new evidence received since the last denial supports a finding of service connection for intervertebral disc disease of the lumbar spine with sciatica, which is related to an in-service motor vehicle accident.

The Board denied a rating in excess of 10 percent for right shoulder disability, service connection for prostatitis, left elbow injury, carpal tunnel syndrome of the right wrist, and chronic adjustment disorder.,Service connection was not granted for any condition as the evidence did not support the veteran's claims.

The veteran's service-connected low back disability, including intervertebral disc syndrome and radiculopathy, is productive of daily pain with severely limited motion. The RO granted a rating of 40 percent for the low back disability.

The veteran's appeal for higher ratings on his back injury residuals and associated radiculopathy was denied. The initial rating of 20 percent for the back injury with a claimed kidney condition is maintained, as well as separate 10 percent ratings for radiculopathy affecting both lower extremities.

The Board denied the veteran's service connection claims for lumbar and cervical spine disabilities, finding no evidence to support a direct or secondary relationship between these conditions and his active duty service.

The Board denied the veteran's claims for service connection for lumbar radiculopathy, increased evaluation for lumbosacral strain, and increased evaluation for hypothyroidism. The decision found that there was no evidence of lumbar radiculopathy or a basis to grant an increased rating for either disability.

The VA has denied the appellant's claims for increased ratings and effective dates related to his lumbar spondylosis with degenerative disc disease, cervical spondylosis with degenerative osteoarthritis and disc disease, and left lower extremity radiculopathy. The VA found that none of these conditions have significantly changed since the last rating decision.

The Board has determined that the veteran does not have a current disability associated with his left toes or right thigh muscle strain, and there is no evidence of such disabilities in service. The low back pain was not shown within one year after separation from service and is not linked to service.

The Board found that the veteran's cervical spine disability was not incurred in or aggravated by active military service and denied his claim for service connection.

The veteran's low back disability, characterized by degenerative joint disease and radiculopathy, is rated at 40 percent under the pre-amended spine regulations. A separate 10 percent rating is assigned for associated neurological impairment.

The veteran's claims for increased ratings for his service-connected lumbar spine disorder and bilateral radiculopathy are being remanded due to the need for additional VA examinations and consideration of outstanding medical records.

The veteran's cervical spine disability has been rated at 20 percent since the grant of service connection. The current rating is not sufficient to reflect his condition, which includes severe intervertebral disc syndrome with radiculopathy and muscle atrophy.

The Board found that the veteran's left upper extremity radiculopathy was not incurred in or aggravated during service and may not be presumed to have been incurred therein. The evaluation of PTSD remains denied.

The Board has ordered a remand to obtain an updated medical opinion regarding the veteran's back disability, as the previous opinion was incomplete due to missing service records.

The Board denied the veteran's claims for increased ratings for his cervical spine fusion, left arm radiculopathy, and deep venous thrombosis of the left leg. The evidence did not support higher evaluations based on the severity of the disabilities.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development, including obtaining medical records and an opinion regarding the impact of his service-connected conditions on his ability to secure or follow a substantially gainful occupation.

The veteran's initial claim for a higher rating was denied, and he is currently receiving a 30 percent rating for his cervical spine disability.

The Board has granted an increased evaluation for the veteran's service-connected degenerative disc disease, L4-5, with right radiculopathy and a total disability rating for compensation purposes based on individual unemployability.

The veteran's appeal is being remanded for further evaluation of his employment status and the impact of his service-connected disabilities on his ability to work. The case will be returned to the Board once this information has been obtained.

The veteran's appeal is being remanded due to the need for additional medical records and VCAA-compliant notice.