Radiculopathy & sciatica decisions — 2009

The Board denied an increased rating for the veteran's low back disability, granted a 40 percent rating for left leg radiculopathy, and denied an increased (compensable) rating for gastroesophageal reflux disease.

The veteran's claim for a higher evaluation for his service-connected left leg sciatic nerve injury was granted, and an increased initial evaluation of 40 percent was assigned.

The veteran's claims for increased ratings for his herniated L4-5 disc and left lower extremity radiculopathy are being remanded to the RO for further development.

The veteran was granted a 40 percent rating for chronic left L5 radiculopathy by electromyelograph associated with his low back disability, effective November 15, 2005.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on a need for regular aid and attendance or being housebound.

The veteran's lumbosacral strain with lumbar spondylosis was denied a higher rating, but he was granted separate 20 percent ratings for lumbar radiculopathy to the right and left lower extremities.

The veteran's appeal for service connection for a low back disorder was reopened, and the claim is granted. The other issues are denied.

The veteran's lumbar spine disability and its neurological manifestations were rated at 10 percent, with the right lower extremity receiving a higher rating of 20 percent.

The Board remands the issues of entitlement to increased ratings for service-connected left hip, lumbar spine, left ulna, and left sciatic nerve radiculopathy disabilities for further development.

The veteran's lumbosacral spine strain with degenerative disc disease and left lower extremity sciatica do not warrant a rating in excess of 20 percent, and the right shoulder tendinitis and impingement with degenerative joint disease of the acromioclavicular joint was not incurred in or aggravated by active service.

The Board grants service connection for sinusitis, chronic headaches (migraine), and lumbar spine disability (degenerative disc disease and left lumbar radiculopathy) based on the evidence of record.

The Board denied service connection for the veteran's claimed conditions as there was no evidence of an inservice injury or disease and a nexus to his current disabilities.

The Board found that the veteran was not entitled to an earlier effective date for a 10 percent rating for right sciatica or service connection for a lumbar spine surgical scar.

The Board denied the veteran's claim for service connection for a herniated nucleus pulposus with right radiculopathy, finding no evidence of a chronic back disorder in service and no competent medical opinion linking his current back disorder to service.

The Board denied increased ratings for radiculopathy of the right and left lower extremities, bunionectomy of the right great toe with resection of the metatarsal head and degenerative changes, and bilateral pes planus with valgus deformity. However, an earlier effective date was granted for a 30 percent rating for bilateral pes planus.

The Board denied service connection for arthralgia of the upper extremities and degenerative joint disease of the cervical spine with radiculopathy of the upper extremities, as there was no evidence linking these conditions to the veteran's military service.

The veteran's lumbar degenerative disc disease with arthritis does not warrant a rating in excess of 40 percent. The claims for service connection for bilateral lower extremity radiculopathy secondary to the low back disorder are remanded for further development.

The Board finds that the evidence supports the veteran's claim of service connection for sciatic nerve damage or the left leg, secondary to the service-connected low back disability.

The veteran's claims for increased ratings and service connection were denied, with a 10 percent rating assigned for hypertension effective December 22, 2006.

The veteran's claims for increased ratings for his service-connected sciatica and PTSD are being remanded for additional development.