Radiculopathy & sciatica decisions — 2008

The Board has denied all service connection claims for various psychiatric, gastrointestinal, musculoskeletal, and respiratory conditions. The veteran's service records are silent on these issues, and there is no clear and unmistakable evidence that any of the claimed conditions existed prior to service or were aggravated by service.

The Board has determined that the veteran's radiculopathy of the left lower extremity is attributable to his service-connected lumbosacral strain with degenerative disease at L5-S1, and thus granted service connection for this condition.

The Board has determined that the veteran does not meet the criteria for service connection for any of the conditions listed in her claims. The appeals are denied.

The Board denied the veteran's claims for higher ratings for his service-connected cervical spondylosis with HNP and radiculopathy, status post-fusion C6-C7, and ulnar nerve injury of the left arm.

The veteran's appeal is being remanded for additional development, including providing the relevant rating criteria and affording him a VA examination to assess his service-connected degenerative disc disease of the lumbar spine and right sciatica.

The veteran's radiculopathy of the right lower extremity is rated at 20 percent, which is higher than the initial 10 percent rating. The claim was granted.

The Board denied the veteran's claim for presumptive service connection for polyradiculopathy and peripheral neuropathy, including as a result of exposure to Agent Orange. The decision is pending further development on remand.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection of a right upper extremity condition. The veteran's current disability is found to be proximately caused by his service-connected degenerative arthritis of the cervical spine, warranting secondary service connection.

The veteran's initial disability ratings for degenerative disc disease of the cervical spine and lumbar strain with sciatic pain have been granted, but both conditions are rated at 10 percent. The rating has been increased to 20 percent effective April 9, 2008.

The Board is remanding the case for further development due to questions regarding the exact nature and etiology of the veteran's hip disabilities and lumbar spine condition, as well as potential aggravation by his service-connected right knee disability.

The Board has determined that the veteran's current low back disorders, including Degenerative Disc Disease (DDD), Herniated Nucleus Pulposus, and Disc Herniation of the Lumbar Spine with Lower Extremity Sciatica, are attributable to his military service. The preexisting scoliosis and spina bifida occulta were not aggravated by service.

The Board has determined that the veteran's service-connected back disability and left lower extremity radiculopathy do not warrant increased ratings beyond the current assigned ratings.

The Board has determined that the veteran's current low back disability, including degenerative disc disease of the lumbar spine at L5-S1 with right sciatica, is related to his active military service and has granted service connection for this condition.

The Board has remanded the case for a new VA neurological examination to determine if the veteran has a sciatic nerve condition and whether it is related to his service. The claim will be re-adjudicated after this additional development.

The Board denied a higher evaluation for right sciatic neuropathy, finding that the veteran's condition did not warrant an evaluation in excess of 40 percent.

The veteran's lumbosacral strain and radiculopathy of the right lower extremity have been rated at 10 percent each, and there is no evidence to warrant a higher rating.

The Board has remanded the veteran's claims for a new VA orthopedic examination to determine if his service-connected disabilities alone prevent him from securing and following any substantially-gainful employment. The RO is also instructed to obtain all outstanding VA medical records, SSA disability benefits records, and arrange for the veteran to undergo a VA orthopedic examination.

The VA denied the veteran's claim for a higher rating for his herniated disc at L4-5 with sciatica, maintaining that the condition warranted only a 40 percent rating from September 10, 2007.

The veteran's appeal has been withdrawn, and the Board does not have jurisdiction to review it.

The veteran's low back disability is rated at 40 percent, and his right and left foot disabilities are each rated at 10 percent. The claims for increased ratings were denied.