Radiculopathy & sciatica decisions — 2008

The veteran's schizophrenia is presumed to have been incurred during service, and he was granted service connection for PTSD. His back disability has been rated at 20 percent since June 17, 1996.

The Board denied the veteran's claims for a rating in excess of 10 percent for cervical myositis and service connection for cervical radiculopathy, finding that the current diagnoses were not incurred or aggravated by service.

The Board granted service connection for lumbar spondylosis and status post radial and ulnar fracture with right elbow post-traumatic arthropathy, both rated at 10 percent. Service connection was denied for sciatic joint dysfunction and glaucoma.

The Board denied the veteran's claims for increased ratings for his service-connected low back injury and right sciatic nerve radiculopathy, finding that the evidence did not meet the criteria for higher evaluations under VA rating criteria.

The veteran's unauthorized medical expenses incurred on April 10, 2006 at a private hospital were reimbursed because he had seven service-connected disabilities and the VA facilities were not feasibly available to provide emergency care.

The Board has granted a 20 percent rating for the veteran's service-connected umbilical hernia and has denied an increased rating for his service-connected spondylolisthesis, L5-S1 with degenerative changes and radiculopathy.

The Board denied the veteran's claims for higher initial disability ratings for L4-5 radiculopathy of the left lower extremity and lumbar spine disability, finding that the evidence did not support a higher rating based on the clinical findings.

The Board granted a 40 percent disability rating for the veteran's low back disability and denied an increased rating for his schizophrenia. The low back disability is rated based on its functional impairment, while the schizophrenia is rated under general diagnostic criteria.

The Board denied the veteran's claims for service connection for bilateral toenail fungus, back pain/sciatica, and tendonitis of the right elbow. The claim for an initial compensable rating for chronic right triceps tendinopathy was also denied.

The Board has granted effective dates for the veteran's service-connected disabilities, including a 40% rating for degenerative disc disease of L5-S1 with facet arthropathy and neuroforaminal narrowing, and a 20% evaluation for left lower extremity radiculopathy as secondary to degenerative disc disease. The effective date for service connection for depression has been granted.

The RO has granted a higher evaluation of 40 percent for right sciatic neuropathy, but the effective date is not specified in the SSOC. The case must be remanded to clarify this.

The VA denied the veteran's claim for an increased rating for his low back disability, finding that the current 40 percent rating adequately reflects the severity of his condition.

The Board found that the veteran's post-operative residuals of herniated nucleus pulposus with radiculopathy warranted a 60 percent rating since June 1, 2003.

The veteran's appeal has been dismissed due to his withdrawal of the appeal prior to a decision being made.

The Board has determined that the veteran's service-connected cervical strain, radiculopathy in the left lower extremity, and bilateral tinnitus do not warrant a disability rating higher than the current 10 percent ratings.

The Board has reopened the claim for service connection for an acquired psychiatric disorder other than PTSD and granted a 60 percent rating effective July 26, 2000. The increased rating for DDD with low back pain and radiculopathy remains at 40 percent.

The veteran's low back disability was rated at 10 percent prior to November 1, 2006 and increased to 20 percent since then. Additionally, the veteran is entitled to an additional 10 percent rating for his neurological impairment.

The veteran's peptic ulcer disease and sciatica were evaluated, with the sciatica receiving a higher rating from September 26, 2006 onwards.

The Board has determined that the veteran's left sciatic neuropathy, associated with status post laminectomy and discectomy, L4-L5 with DDD, is no more than mild in degree throughout the appeals period. As such, an initial increased rating for this condition is denied.

The veteran's appeal is being remanded for additional development, including a neurological examination to assess the extent of his service-connected lumbar spine disability and associated neuropathy.