Radiculopathy & sciatica decisions — 2008

The Board denied service connection for a disorder of the lumbar spine, finding that it was a congenital defect. The claim for an increased evaluation for major depressive disorder was granted with a 50% rating effective from March 29, 2005.

The veteran's claims for increased ratings were denied as his back conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The Board has determined that the veteran's bilateral peripheral neuropathy/radiculopathy of the lower extremities and right foot drop are proximately due to his service-connected back disability.

The Board denied service connection for lumbosacral strain with degenerative disc disease and radiculopathy, finding no evidence of a current disability related to active military service. The claim for left hip strain was also denied as there is no competent evidence linking the condition to service.

The Board denied service connection for osteoarthritis of the lumbar spine with chronic low back pain and sciatic neuropathy of the right lower extremity as secondary to the low back disability due to lack of evidence linking these conditions to service.,There is no current evidence of bilateral hearing loss, tinnitus, hyperhidrosis, or residuals of cold injuries to either lower extremity.

The Board denied the veteran's claims of service connection for sinusitis, a left leg disability, a right shoulder disability, bilateral patellofemoral pain syndrome, and a right foot drop (including sciatic nerve disorder).

The veteran's combined rating for his lumbar spine disorder and left leg radiculopathy is granted at 50 percent, effective from the date of claim. He also meets criteria for TDIU.

The VA denied an increased rating for the appellant's lumbar radiculopathy and intervertebral disc syndrome, L4-L5 and L5-S1, status post lumbar fusion. The current evaluation of 40 percent is deemed insufficient to reflect the severity of his condition.

The veteran's claims for a higher rating and TDIU were denied, while his request to reopen his cervical spine disorder claim was also denied. The VA found that the evidence did not meet the criteria for a higher disability rating or TDIU.

The veteran's appeal is being remanded for additional development of his claims, including obtaining recent medical records and SSA records.

The veteran seeks service connection for a low back disorder, cervical spine disability, and hypertension. The Board finds that the veteran's current conditions are not related to his military service.

The Board has remanded the case due to a need for additional development, including obtaining social security disability records.

The Board found that the veteran's current back disorder is not related to his service, and thus denied his claim for service connection.

The Board found that the veteran's radiculopathy of the left leg does not warrant a rating greater than 10 percent, as it is no more than mild in degree.

The veteran's initial claim for service connection was granted, and he received a 10 percent rating for degenerative disc disease of the lumbar spine effective June 15, 2001. The RO later increased his rating to 20 percent as of November 2, 2007, for radiculopathy.

The Board has determined that the veteran's lumbar disc disease with sciatica is causally related to his active duty service or is proximately due to the service-connected thoracolumbar strain, warranting service connection.

The veteran's service-connected cervical spine degenerative disc disease with left shoulder radiculopathy and left knee ACL injury are currently rated at 10 percent, but the Board finds that these conditions do not warrant a higher rating based on current evidence.

The veteran's claims for service connection are being remanded to the RO for additional consideration of new evidence provided by him.

The Board granted service connection for asthma and radiculopathy of the left leg, but denied a higher initial disability rating for residuals of right ankle fracture. The veteran's asthma was rated at 30 percent disabling from June 25, 2005, and his radiculopathy of the left leg was rated as 10 percent disabling from February 3, 2004.

The Board finds that the reductions of the veteran's disability ratings for intervertebral disc syndrome and right lower extremity radiculopathy from 20 percent to 10 percent and 20 percent to 0 percent, respectively, are proper based on improvements in his service-connected disabilities as evidenced by recent VA examinations.