Radiculopathy & sciatica decisions — 2009

The claim for service connection for lumbar spine stenosis with radiculopathy was reopened, and a rating of 30 percent was assigned for the left ankle disability.

The Veteran's service connection for a right knee disability was granted, while the evaluations for bilateral tinnitus and degenerative disc disease (DDD) L4-5 with L4-5 radiculopathy were denied.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment at any time during the appeal period.

The claim for service connection for low back degenerative changes with radiculopathy and surgical residuals was reopened, but the evidence did not support a finding of direct service connection. The claim for service connection for bilateral hearing loss was denied as new and material evidence was not provided.

The Board denied service connection for glaucoma, residuals of a stroke, sleep apnea, and circulatory disorder of the legs. The initial rating for left thoracic radiculopathy was also denied.

The Veteran's low back strain was rated at 10 percent prior to August 26, 2008, and increased to 40 percent as of that date. The Veteran also received separate ratings for left and right sciatic radiculopathy.

The Veteran's right knee disability was rated at 20 percent, and the left knee and hip disabilities were not increased from their current ratings. The Veteran was granted a total disability rating based on unemployability due to his service-connected disabilities.

The Veteran's lumbar spine disorder is rated at 40 percent, and he was granted special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities.

The Board found that the reduction from 60 percent to 20 percent for the Veteran's service-connected right lumbosacral radiculopathy involving multiple roots, including L4, L5, and S1, with bilateral leg pain was proper.

The veteran was granted a 40 percent evaluation for his low back strain as of November 28, 2006, but an evaluation in excess of 20 percent prior to that date was denied.

The Board denied an increased evaluation for the cervical spine disability, finding that the current 30 percent rating was appropriate given the severely limited motion without unfavorable ankylosis.

The Board granted an effective date of January 2, 1992 for the award of service connection of right and left upper extremity radiculopathy as secondary to the veteran's service-connected cervical spine disability.

The appeal is being remanded to the RO for scheduling a hearing and addressing an unprocessed notice of disagreement regarding a higher rating for radiculopathy of the left lower extremity.

The appeal is remanded to obtain additional evidence and provide the veteran with an appropriate supplemental statement of the case.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for degenerative changes of the cervical spine, with right upper extremity radiculopathy and right shoulder biceps tendonitis as they were not caused by VA hospital care, medical or surgical treatment, or examination.

The Board denied a claim for higher ratings, finding that the Veteran's post-operative fusion at C5-6 with arthritis and degenerative arthritis of the lumbar spine with left L2-4 radiculopathy did not warrant an evaluation higher than 40 percent.

The Veteran's service-connected disabilities, including herniated nucleus pulposus with degenerative disc disease at L5-S1 status post laminectomy, post-traumatic stress disorder, residuals of gunshot wound of the anterior neck with paralysis of the left vocal cord, tracheotomy scars, and impaired respiration, sciatica of right lower extremity, and sciatica of left lower extremity, have caused him to lose use of both lower extremities such as to preclude locomotion without the aid of a cane, braces or wheelchair.

The Board denied the application to reopen a claim for service connection for a lumbar spine disability, as new and material evidence was not received.

The Veteran's service-connected cervical spine degenerative disc disease without radiculopathy was increased to 20 percent disabling effective June 27, 2008.

The veteran's claims for service connection for tinnitus, and increased ratings for the low back disorder, right knee disorder, right wrist disorder, left shoulder disorder, and radiculopathy of the left lower extremity were denied.