Radiculopathy & sciatica decisions — 2008

The veteran's cervical spine disability with radiculopathy, status-post fusion and diskectomy warrants a rating of 30 percent effective from May 18, 2007.

The veteran does not have a disability manifested by sciatic nerve pain in his left leg and hip due to disease or injury incurred in service. The Board finds that the preponderance of evidence is against the claim.

The veteran's appeal is being remanded for additional development of her claims, including VA examinations to assess the severity of her hemorrhoids and lumbar spine disability.

The Board has granted a rating of 40 percent for the veteran's service-connected dorsolumbar paravertebral myositis with bilateral S1 radiculopathy, and denied claims for cervical spine disorder and shoulder disorder.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience. Therefore, the criteria for a total disability rating based on individual unemployability due to service-connected disorders are not met.

The veteran's service-connected spine disabilities rendered him unemployable and virtually housebound, qualifying for TDIU benefits. The cause of death was sepsis, not related to his service-connected conditions.

Throughout the appellate term, the veteran's lumbar degenerative disc disease was not manifested by either unfavorable ankylosis of the lumbar or thoracolumbar spine, or by incapacitating episodes.,From March 25 to May 12, 2003, the veteran's lumbar degenerative disc disease was not manifesting lower extremity radiculopathy of a compensable degree. From May 13, 2003 and thereafter, the veteran's low back disorder was objectively manifested by mild left lower extremity radiculopathy. Since December 1, 2003, the veteran's low back disorder has not manifested moderately severe left lower extremity radiculopathy.

The veteran's low back disability, characterized by forward flexion of the thoracolumbar spine to no more than 70 degrees and mild incomplete paralysis of the sciatic nerves, does not meet the criteria for a rating in excess of 60 percent.

The veteran's cervical spine disability and right cervical radiculopathy have been granted service connection, but the RO has assigned an initial evaluation of 20 percent for each condition effective December 7, 2004.

The Board has decided to remand the case for additional development, including obtaining National Guard medical records and arranging for a VA examination of the spine.

The Board has determined that the veteran's pre-existing low back disability was aggravated by his period of active duty for training (ACDUTRA) service in July 2002, and thus grants service connection.

The Board granted a 40 percent evaluation for the veteran's service-connected bilateral spondylolysis with spondylolisthesis at L5 with scoliosis, effective August 19, 2003. The rating for radiculopathy of the left lower extremity associated with this condition was also granted.

The Board found that the veteran's claimed conditions did not have onset during service and are not related to his military service, including exposure to herbicides. As such, service connection for these conditions is denied.

The Board found that the veteran's additional cervical spine disability was not caused by VA treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to assess the severity of the veteran's service-connected conditions.

The Board denied the veteran's claims for service connection for cervical radiculopathy, shoulder and arm disability, depression, COPD, and TDIU. The new evidence submitted did not support reopening of the claim for cervical radiculopathy.

The veteran seeks service connection for secondary disabilities of his low back, neck, and arms due to his service-connected knee disabilities. The case is remanded for further development including obtaining VA outpatient records and scheduling a VA orthopedic examination.

The VA granted a 30 percent evaluation for the veteran's radiculopathy of the cervical spine, C8, effective July 14, 2003.

The Board has determined that the veteran does not have current heart disease or disability. The veteran's peripheral vascular disease is related to his service-connected diabetes, but there is no evidence of a current diagnosis of heart disease or upper extremity neuropathy. The veteran's lumbar radiculopathy and burn scar are not established.

The Board found that the veteran's left hip/leg numbness and left arm radiculopathy are not service-connected, as there is no evidence of a nexus between these conditions and his military service. The rating for left arm radiculopathy was increased to 20 percent.