Radiculopathy & sciatica decisions — 2009

The veteran's claims for increased ratings for degenerative disc disease with L4 radiculopathy and impaired sensation, left lower extremity are being remanded for a travel Board hearing.

The veteran's degenerative disc disease and associated radiculopathy were rated appropriately, but service connection for sensory peripheral neuropathy of both lower extremities was denied.

The Board remanded the issues of entitlement to initial disability ratings in excess of 10 percent for degenerative joint disease of the lumbar spine with spondylolisthesis and left lower extremity radiculopathy for further development.

The veteran is granted special monthly compensation for the need of regular aid and attendance due to his service-connected low back disability.

The Board denied service connection for a left hip disability, hearing loss, hypertension, and coronary artery disease. The claim for an initial compensable evaluation for residuals of a left rib fracture was also denied.

The Board denied service connection for a left shoulder disorder, peripheral radiculopathy of the left leg (claimed as a left hip disorder), an initial compensable rating for a herniated disc of the lumbar spine, and a rating in excess of 50 percent for residuals, fracture of right maxilla involving temporomandibular articulation.

The veteran's lumbar spine and sciatic conditions were rated at 20 percent, and service connection for hypertension was denied.

The veteran's low back disability was not found to be more severe than a 20 percent rating, but he was granted a separate 10 percent evaluation for left lower extremity mild incomplete paralysis of the sciatic nerve.

The veteran's claims for service connection for asbestosis, chronic obstructive pulmonary disease (COPD), a left arm and shoulder disorder, a right ankle disorder and foot sprain, and right arm radiculopathy were denied. A higher initial rating for the service-connected bilateral sensorineural hearing loss was also denied.

The veteran's service-connected lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion does not warrant a rating in excess of 20 percent. However, the veteran is entitled to separate ratings of 10 percent for chronic pain in both legs due to radiculopathy.

The appeal is being remanded for additional development, including scheduling the veteran for a Board hearing.

The Board denied service connection for a herniated nucleus pulposus of the cervical spine with radiculopathy and a herniated nucleus pulposus of the lumbosacral spine with radiculopathy as they were not shown to be related to an injury or disease incurred in service.

The Board granted a separate evaluation of 10 percent for functional impairment due to pain on motion of the veteran's service-connected cervical spine disability, but denied an increased evaluation in excess of 20 percent disabling for degenerative joint disease of the cervical spine.

The veteran's service-connected radiculopathy of the left lower extremity is rated at 10 percent, and the Board has determined that a higher rating is not warranted.

The Board denied increased ratings for the veteran's service-connected low back and cervical spine disabilities, an initial compensable evaluation for left cervical radiculopathy, and service connection for right ankle weakness, hypertension, and erectile dysfunction.

The Board granted a 20 percent rating for the cervical spine disability prior to April 18, 2008, and a 30 percent rating since that date. The left lower extremity radiculopathy was rated at 10 percent but no higher.

The veteran's low back disorder, diagnosed as degenerative disc disease with radiculopathy, is granted service connection because it pre-existed his period of active duty but was aggravated by the service.

The Board denied the veteran's claims for increased ratings for his lumbar spine disability and duodenal ulcer, finding that the evidence did not support higher ratings.

The veteran's service-connected low back disability did not meet the criteria for a higher rating, and an earlier effective date for left leg radiculopathy was denied.

The veteran is entitled to special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities.