Radiculopathy & sciatica decisions — 2008

The veteran's appeal is remanded due to procedural deficiencies and the need for a VA examination to assess his employability.

The Board denied the veteran's claims for increased ratings for his service-connected cervical and lumbar spine disabilities, finding that the evidence did not meet the criteria for a disability rating in excess of 20 percent.

The Board has granted a higher initial rating of 10 percent for the veteran's lumbosacral spine degenerative facet changes at L3-4, L4-5, and L5-S1, with an additional separate 10 percent rating for associated radiculopathy affecting his right lower extremity.

The Board granted a 40 percent evaluation for low back pain with spondylosis at L5-S1 effective from August 9, 2006. The appellant's left lower extremity radiculopathy was also rated as 10 percent disabling.

The Board found that the veteran's lumbosacral strain warranted a 40 percent rating, and service connection was granted for left leg radiculopathy associated with lumbosacral strain. Service connection for kyphotic hump of upper spine was denied.

The Board has decided to remand the case for further development, including a VA examination to determine if the veteran's service-connected disorders may be aggravating his hypertension.

The Board has found the evidence currently of record sufficient to establish the veteran's entitlement to service connection for a cervical spine disability with radiculopathy of both arms, as these conditions are directly related to his service-connected sarcoma of the right fibula and arthritis of the left knee.

The Board granted service connection for sciatica of the left lower extremity and assigned a 10 percent disability rating effective June 19, 2006. The veteran's symptoms include constant pain radiating from the left buttock through the back of the leg to the back of the knee, which disrupts his ability to sleep and work.

The Board denied the veteran's petitions to reopen his service connection claims for various conditions, finding that new and material evidence had not been submitted.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the left lower extremity. The lumbar spine disability is currently rated at 20 percent, while the radiculopathy is rated as noncompensable.

The Board granted service connection for a low back disorder and assigned an initial 20 percent rating retroactively effective from May 6, 1999. The claim for chronic fatigue syndrome was denied.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with arthritic changes and intervertebral disc disease was granted. The RO also increased the rating for radiculopathy of the right lower extremity associated with lumbar disc disease to 40 percent effective April 5, 2007.

The veteran's sciatica of the right lower extremity is currently rated at 20 percent from August 10, 2005.,His arthritis of the lumbar spine is rated at 40 percent effective July 15, 2007.

The veteran's low back disability was initially evaluated as noncompensable from November 26, 1998 through March 5, 2000. From March 6, 2000 to June 27, 2005, the disability warranted a 20 percent rating. Since June 28, 2005, the veteran is rated at 60 percent for spondylolisthesis of the lumbosacral spine with right lower extremity radiculopathy.

The veteran's claim for an effective date prior to May 3, 1995 for the grant of TDIU is being remanded due to concerns about the precise time frame when he became unemployable.

The veteran's claims for increased ratings for right acromioclavicular joint bursitis and arthritis, traumatic arthritis and degenerative disc disease of the cervical spine, and headaches, residuals of whiplash injury were denied. The current evaluations are 40 percent, 20 percent, and 10 percent respectively.

The Board found no evidence of a chronic back disability during service and denied the veteran's claim for service connection.

The Board has determined that the veteran is entitled to a 20 percent rating for fibromyalgia since April 21, 2004. The evidence shows widespread musculoskeletal pain and tender points with fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms that are nearly constant.

The Board has determined that the veteran's low back condition, to include sciatic nerve involvement, is aggravated by his service-connected shell fragment wound to the left buttock and thigh. As a result, the claim for secondary service connection is granted.

The Board has determined that the veteran's diagnosed carpal tunnel syndrome and cervical radiculopathy were not incurred in or aggravated by active service.