Radiculopathy & sciatica decisions — 2009

The Board has determined that the Veteran's claims for earlier effective dates for service connection are denied as there is no indication of a formal claim prior to September 28, 1998.

The appellant is not recognized as the surviving spouse for VA death benefits purposes, and her claims for service connection for cause of death and DIC under 38 U.S.C.A. § 1318 are denied.

The Veteran's service-connected cervical strain and radiculopathy have been granted increased ratings, with the right upper extremity radiculopathy receiving a higher evaluation than the left.

The Veteran's current spinal and radiculopathy disabilities are determined to be related to his surgeries at VA medical facilities, warranting compensation under 38 U.S.C.A. § 1151.

The Board denied reopening the claim for service connection for a low back disorder due to lack of new and material evidence, as the Veteran's previous statements denying treatment during service are considered inherently false.

The Veteran's claim for an increased rating for his right leg peripheral neuropathy is being remanded due to the need for a new VA examination and additional medical evidence.

The Veteran's appeal is being remanded for further development, including obtaining additional VA treatment records and scheduling the Veteran for a VA compensation examination to reassess his service-connected back disability and associated lower extremity radiculopathy.

The Board finds that the Veteran's reported history of having an in-service injury to his back during a period of inactive duty for training is not credible. The preponderance of evidence does not support service connection for herniated disc with radiation to right lower extremity.

The Board has remanded the case for additional development due to missing evidence and a request for a statement from Dr. D.

The Board has determined that the Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, warranting entitlement to special monthly compensation based on such need.

The Board denied the Veteran's claim for service connection for his back disability, finding that it was not established as a direct result of service.

The Veteran's claim for service connection for low back disability was previously denied in September 2001. New and material evidence has not been received to reopen this claim. The claims for increased evaluations of the cervical spine disorders have also been denied.

The Veteran's service-connected osteoarthritis of the thoracic and lumbar spine is rated at 40 percent, which is the maximum available under the applicable diagnostic codes. The Veteran's left lower extremity radiculopathy remains at a 10 percent rating.

The Board has remanded the case for additional development due to inadequate examination and incomplete evidence. The appellant's claim for an increased evaluation of his service-connected back disability is on appeal.

The Veteran's lumbar spine degenerative disc disease and radiculopathy on the left are currently rated at 10 percent, which is the maximum schedular rating available for these conditions under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that the current evaluations adequately reflect the severity of the Veteran's service-connected lumbar spine disabilities.

The Veteran's death was not due to service-connected causes, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded due to the need for a VA examination and consideration of functional loss due to pain.

The Veteran's low back disability, including L4-L5 disc disease and degenerative joint disease with radiculopathy of both sides, has been rated at 60 percent since September 2002. The current rating reflects the severity of his symptoms without requiring additional evaluations for other conditions or disabilities.

The Veteran's service-connected disabilities are permanent and total, qualifying him for Dependents' Educational Assistance (DEA) under Chapter 35 of the Veterans Benefits Act.

The Veteran's claims for higher ratings for lumbar degenerative disease with intervertebral disc syndrome and radiculopathy of the left lower extremity were denied. The current ratings are considered appropriate.