Radiculopathy & sciatica decisions — 2008

The Board granted service connection and assigned initial ratings for the veteran's disabilities, including chronic lumbosacral spine strain with early degenerative disc disease, cervical spine disability (status post anterior fusion C4 through C6), residual right upper radiculopathy, and chronic left knee strain. The veteran was not granted an evaluation in excess of 10 percent for any condition.

The Board has determined that the veteran does not have a current disability of degenerative joint disease of the thoracic spine or lumbar strain, and thus cannot establish service connection for these conditions.,For the cervical spine disorder, the Board found sufficient evidence to connect it to the veteran's military service.

The Board has granted service connection for a lumbar spine condition with radiculopathy, finding that the veteran's service-connected bilateral claw foot contributed to his current disability.

The veteran's PTSD is rated at 50 percent, effective December 2003. His back disorder remains at a 20 percent rating.

The Board found that there is no current disability of radiculopathy of the right lower extremity and thus denied the claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for a neck disorder and a left foot disorder. The medical records indicate current disabilities involving these conditions as a result of service.

The VA denied the veteran's claim for a higher rating for her low back disability, finding that it did not meet the criteria for an evaluation in excess of 20 percent.

The Board has granted a 20 percent rating for the veteran's chronic lumbosacral strain with pain radiating to the left hip, effective from November 13, 2007. The initial claim was denied prior to this date.

The Board has granted service connection for right and left L5 lower extremity radiculopathy with effective dates of September 23, 2002. The veteran's claim was initially denied in January 2002 but later granted on October 14, 2003.

The Board denied the veteran's claim for a disability rating in excess of 60 percent for her intervertebral disc syndrome and granted a separate 10 percent rating for incomplete paralysis of the sciatic nerve. The maximum ratings available under current VA regulations do not exceed these determinations.

The Board denied the veteran's earlier effective date claims for TDIU and SMC, finding that it was not factually ascertainable prior to March 30, 2000, that he was unable to obtain and/or maintain substantially gainful employment or had loss of use of his left foot due to service-connected disability.

The Board denied the veteran's claims for an increased rating for left arm radiculopathy and SMC based on need for aid and attendance, finding that his disability did not warrant a higher rating under applicable criteria.

The Board has granted service connection for depression secondary to the veteran's cervical spine disorder and denied service connection for bilateral lower extremity sciatic nerve damage due to his lumbar and cervical spine disorders.

The veteran's appeal is remanded due to the need for a VA examination to determine if his current low back and cervical spine disabilities are related to service. The mental condition claim is also deferred.

The Board denied the veteran's petition to reopen his claim for service connection for a low back disability and also denied his secondary service connection claim for cervical spine disability with radiculopathy. The evidence did not establish new and material evidence, nor did it show that any current disabilities are related to service.

The Board has determined that the reduction in disability ratings from 10 percent to zero percent for left shoulder radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy was procedurally correct. The evidence showed improvement in these conditions.

The RO denied an increased rating for the lumbar spine disability, effective prior to January 5, 1999.

The Board has determined that the veteran was not unemployable due to his service-connected disabilities prior to December 18, 2003. As a result, an effective date earlier than this date is denied.

The veteran's claims for increased evaluations and service connection were denied. The RO found that the evidence did not support a higher evaluation or service connection based on secondary to his left foot plantar callosity.

The VA determined that the veteran's current right upper extremity radiculopathy was not incurred in or aggravated by service and is not due to his service-connected disabilities.