Radiculopathy & sciatica decisions — 2008

The veteran withdrew his appeal for an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbosacral spine with sciatica.

The Board found that the veteran's CISP is not causally or etiologically related to his service, including exposure to herbicides such as Agent Orange. As a result, the claim for service connection was denied.

The Board has denied the veteran's claims for service connection for impotency and a right sciatic nerve condition, finding that there is no medical evidence establishing a link between these conditions and his military service.

The veteran's low back disability is rated at 20 percent, and his impairment of the right sciatic nerve is also rated at 20 percent. The left knee disability does not warrant a separate rating.

The veteran's claim for service connection for his claimed lumbar and cervical spine disorders is being remanded due to the need for additional medical examination and development of records from Social Security Administration.

The veteran's claims for an earlier effective date and a higher initial rating for his back disability are being remanded for additional development.

The Board has granted a higher initial disability rating of 20 percent for the veteran's degenerative disc disease of the lumbar spine with a bulging disc at L5-S1, effective from June 8, 2005. A separate 10 percent rating is also granted for his secondary incomplete paralysis of the left sciatic nerve.

The Board denied the veteran's claims for increased ratings for hemorrhoids, and did not establish service connection for prostate disability, lumbar disc disease with sciatic radiculopathy, colon disability, or bladder disability as secondary to service-connected hemorrhoids.

The veteran's low back disability and left radiculopathy were initially rated at 20 percent prior to February 1, 2007. The appeal for a higher rating was granted.

The Board has determined that the veteran's current degenerative joint disease and degenerative disc disease of the lumbar spine, as well as his radiculopathy of the lower extremities, are not related to his active service. The claim for service connection is therefore denied.

The veteran's service-connected lumbar spine disability, left lower extremity radiculopathy, and hemorrhoids with recurrent anal fissures have been rated as 20 percent disabling since April 1, 2004.

The veteran's cervical spine disorder and left upper extremity radiculopathy have been rated at 20 percent disabling. The Board denied the claims for an initial rating in excess of 10 percent for neurological manifestations in the left upper extremity due to a cervical spine disorder, as well as TDIU.

The veteran's service-connected lumbar strain and associated right S1 radiculopathy have rendered him unable to secure or follow a substantially gainful occupation, meeting the criteria for a total disability rating based on individual unemployability.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the veteran's current low back disability is causally related to service.

The veteran's claims for increased ratings for intervertebral disc syndrome and degenerative joint disease of the left wrist were denied as his conditions did not meet the criteria for a higher rating under VA regulations.

The Board has granted service connection for the claimed conditions, but denied earlier effective dates. The veteran's claims are based on direct service connection and not due to a presumption or new evidence.

The veteran's back condition is currently rated as 10 percent disabling. He also has a separate evaluation of 10 percent for left-sided mild incomplete paralysis of the sciatic nerve.

The veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbar spine with sciatica is being remanded due to the need for proper notice and additional treatment records.

The Board has dismissed the appeal on the issue of service connection for a low back disability secondary to left leg vascular disability due to withdrawal by the appellant. The claim for an initial rating in excess of 10 percent for a vascular disability of the left leg is denied, and the claim for TDIU is also denied.

The Board of Veterans' Appeals (BVA) has determined that the withholding of compensation benefits to recoup the amount of separation pay received by the veteran at the time of his discharge from active military service was proper.