Radiculopathy & sciatica decisions — 2008

The veteran's initial increased rating for status post L5-S1 discectomy was granted at a 40 percent disability rating effective February 14, 2008. The claim for left-sided sciatica remains pending.

The veteran's service-connected recurrent neck strain with degenerative joint disease and bilateral radiculopathy is currently rated at 20 percent, effective April 1, 2006. The Board found that the current evaluation adequately reflects his disability.

The Board denied the veteran's claims for increased ratings for his lumbar spine disorder and left lower extremity radiculopathy, finding that the evidence did not meet the criteria for higher ratings under the applicable rating codes.

The veteran's claims for service connection were granted, and effective dates of June 19, 2006 were assigned. The appeals for earlier effective dates are denied.

The Board denied the veteran's claims for increased ratings for his degenerative arthritis of the lumbosacral spine and radiculopathy of the right and left lower extremities, finding no evidence to support higher ratings based on the current clinical findings.

The veteran's claims for increased ratings and initial ratings were denied. The right leg disability was rated at 30 percent prior to January 7, 2005, and as of March 1, 2006. Cervical radiculopathy was rated at 10 percent throughout the appeal period.

The Board has determined that the veteran is entitled to an initial evaluation of 20 percent for his lumbar myositis secondary to lumbar strain, effective from March 16, 1995.

The veteran's right and left lower extremity radiculopathy have been rated at 10 percent since September 23, 2002. The claim for an evaluation in excess of 10 percent has been denied.

The VA determined that the veteran's degenerative arthritis of the lumbar spine does not warrant a rating higher than 20 percent.

The veteran's eligibility for future fee-basis dental care was denied as the VA facilities are now capable of providing the necessary services.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) from November 4, 2004 to December 13, 2006 was denied as she did not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a).

The Board has ordered a remand for the veteran's claims due to missing service treatment records from October 1973 to September 1977. The case will be returned to the RO for further development and readjudication.

The veteran's service-connected radiculopathy of the right upper extremity is currently rated at 40 percent disabling, which represents the maximum rating available under Diagnostic Code 8513. The claims for increased ratings for migraine headaches and degenerative disc disease of the cervical spine remain denied.

The Board denied the veteran's claims for service connection for PTSD, bilateral hearing loss, and residuals of a gunshot wound to the right groin with sciatica. The decision found that new and material evidence had not been received to reopen these claims.

The veteran's claimed conditions were not incurred or aggravated by active service. The Board found no evidence of a nexus between the current disabilities and his military service.

The Board has determined that the veteran's herniated disc at C6-C7 with radiculopathy was not incurred as a result of his service-connected disabilities, and therefore denied his claim for service connection.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The veteran's service-connected lumbar spine disability and associated left lower extremity radiculopathy are currently rated at 40 percent each, with a combined rating of 80 percent. The claim for higher ratings is denied.

The veteran's claims for increased evaluation of hypertension and service connection for neurological disabilities have been denied. The RO will review the case and issue a supplemental statement of the case if necessary.