Radiculopathy & sciatica decisions — 2008

The veteran's claims for increased ratings for peripheral neuropathy of the legs and feet were denied, but his claim for a compensable rating for epidermophytosis pedis was granted.

The Board found that the veteran's current low back disability, including DDD and HNP with radiculopathy, is not related to his service injury in 1988. The February 2005 VA examiner concluded that the initial low back strain in service was appropriately treated and resolved, and the subsequent work-related injury in 1996 initiated the veteran's current chronic low back disability.

The Board has determined that the veteran's lumbar spine herniated disc and neuropathy of bilateral lower extremities are related to service, granting service connection for these conditions.

The Board found that the veteran's service-connected degenerative disc disease, lumbar spine, and sciatica of the right leg do not warrant ratings in excess of their current 10 percent evaluations.

The veteran's appeal is being remanded for further development and readjudication of his claims, including obtaining additional medical records and providing him with a VA examination to assess the severity of his service-connected back disability and radiculopathy.

The veteran's claim for a higher evaluation for his service-connected lumbar muscle strain with history of left leg sciatica has been granted, effective August 31, 2004. The effective date for the grant of a 20 percent disability rating is June 7, 2004.

The Board has determined that the veteran's recurrent left sciatica, diagnosed during active service, is related to his military service and grants service connection for this condition.

The VA determined that the veteran's service-connected low back disability does not warrant a rating in excess of 20 percent, as his forward flexion is greater than 30 degrees and he does not experience incapacitating episodes of intervertebral disc syndrome requiring bed rest prescribed by a physician.

The Board denied an increased rating for the veteran's lumbosacral strain with sciatica and degenerative disc disease, currently rated at 40 percent.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to assess the severity of his service-connected disabilities.

The veteran's appeal is being remanded for further development, including a VA examination and readjudication of his claims.

The Board found that the March 1986 rating decision, which assigned a noncompensable rating for chronic sacral strain with radiculopathy to the left leg, was not the result of clear and unmistakable error (CUE). The evidence at the time supported this decision.

The veteran's initial claim for a higher disability rating for his degenerative lumbar disc disease with radiculopathy was granted, but the evaluation remains at 10 percent. The separate schedular evaluation for right lower extremity radiculopathy is also granted at 10 percent.

The Board has granted a rating of 20 percent for cervical radiculopathy, C6-7, and denied the claim for a higher rating for left arm numbness.

The veteran's service-connected disabilities do not meet the criteria for vocational rehabilitation benefits under Chapter 31 of Title 38 of the United States Code due to a lack of an employment handicap.

The veteran's claim for payment of unauthorized medical expenses incurred in July 2005 at a private hospital was granted. The treatment was deemed necessary due to an emergency condition and the VA facility was not feasibly available.

The Board has granted an initial evaluation of 20 percent for the veteran's lumbosacral herniated nucleus pulposus post discetomy with radiculopathy from October 1, 2001 through June 27, 2002. A separate 10 percent evaluation is assigned for left lower extremity radiculopathy.

The veteran is seeking a higher rating for his service-connected low back disability, which currently results in a 40 percent evaluation. The Board has determined that additional development of the claim is required due to missing VA and private treatment records, as well as incomplete VCAA notice.

The Board has determined that the veteran's left leg disability is not causally related to or aggravated by his service-connected spondylosis at the L5-S1 level bilaterally.

The Board found that there is no evidence linking the veteran's current back disability to his military service, and thus denied service connection for it. The Board also determined that secondary service connection was not warranted as the veteran's back disability did not result from or be aggravated by his service-connected knee disabilities.