Radiculopathy & sciatica decisions — 2009

The Veteran's service-connected lumbar spine disability was initially evaluated as 10 percent disabling from April 25, 1995 until September 7, 1999 and again from December 1, 1999 until January 23, 2007. The evaluation was increased to 40 percent effective January 23, 2007.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board found that the appellant's current low back disorders are not related to his service, including a 1968 explosion in Vietnam. The claim was denied as there is no evidence of an in-service injury or disease resulting in the current conditions.

The Board has determined that the Veteran's low back disorder, including degenerative disc disease and arthritis, is service-connected. The examiner will be asked to determine if the right lower extremity neurological condition (sciatica) is caused or aggravated by the service-connected low back disorder.

The Board has determined that the evidence supports reducing the evaluation for lumbosacral strain from 40 percent to 20 percent, effective March 1, 2007. The Veteran's service-connected bowel disorder is not supported by competent medical evidence and thus denied.

The Board denied the Veteran's claims for service connection for a cervical spine disorder, left leg radiculopathy, and right knee disorder due to lack of evidence showing a chronic condition during or after service.

The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, which is more than the initially assigned 10 percent rating. The Veteran's low back disability remains at a 40 percent rating.

The Veteran's request for additional training and computer assistance was denied as it is not necessary to improve his independence in daily living given the severity of his service-connected disabilities.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment.

The Veteran's lumbar radiculopathy of the left lower extremity is currently rated at 10 percent, and the Board finds that it does not warrant a higher evaluation.

The Veteran's service-connected traumatic arthritis does not result in a neurological disorder of the lower extremities that is shown by objective findings, thus preventing her from receiving a separate rating for lumbar radiculopathy.

The Board has granted an initial evaluation of 60 percent for the appellant's lumbar spine disability, effective since July 9, 2002. The claim for service connection for a bilateral knee disorder is denied.

The Veteran's cervical C6-7 radiculopathy has been rated at 10 percent since the citation date, and a higher rating is granted as of January 15, 2009.

The Board denied an initial or staged disability rating in excess of 10 percent for degenerative disc disease of L4-5 and whether an initial or staged compensable rating is warranted for left lower extremity radiculopathy and any other neurological deficit associated with the Veteran's degenerative disc disease of the lumbar spine.

The Board has decided to remand the case for additional development, including obtaining medical records and providing a new opinion on the etiology of the Veteran's back disability.

The Board has remanded the case for additional development, including a VA examination to assess whether the Veteran's service-connected disabilities alone would cause him to be unemployable. The appeal is now pending again with the AMC/RO.

The Board has determined that the Veteran's current lumbar spine degenerative disc disease with radiculopathy and cervical spine degenerative arthritis are related to his in-service injuries, and thus service connection is granted.

The Board has determined that the Veteran's service-connected residuals of lumbar strain do not warrant a rating in excess of 20 percent.

The Board has vacated the August 29, 2008 decision and remanded the claims for further development.