Radiculopathy & sciatica decisions — 2009

The Veteran's claims for increased disability ratings and effective dates were denied.,The Veteran's claim for TDIU was also denied. The April 1971 rating decision reducing the lumbosacral strain rating from 20% to noncompensable is not considered clear and unmistakably erroneous.

The Veteran's service-connected disabilities, including his adjustment disorder, right shoulder tendinitis, right arm radiculopathy, cervical spine condition, pes planus, and pseudofolliculitis barbae (PFB), have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the Veteran's TDIU claim.

The Veteran's bilateral foot disorder was not shown in service, and the Board denied service connection for this condition. The Veteran's left and right leg radiculopathy were evaluated as mild incomplete paralysis, but no higher ratings are warranted.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's degenerative disc disease of the lumbar spine was rated at 20 percent, while his left radiculopathy was rated at 10 percent.

The Board has remanded the case for additional development, including obtaining new VA examinations and issuing a Statement of the Case (SOC) in response to the Veteran's NOD regarding termination of disability compensation benefits and overpayment of disability compensation benefits.

The Veteran's additional disability of degenerative disc disease with radiculopathy is denied as it was not caused by VA treatment.

The Veteran's claim for service connection for various conditions, including left hip arthritis, right hip arthritis, lower back arthritis, radiculopathy/lower radicular group (nerve problems), and gastroesophageal reflux disease (GERD) has been denied as there is no evidence of current disabilities or a link to service.

The Veteran's sleep disorder has been rated at 10 percent since November 23, 2007. The rating is for the entire period of service connection.

The Veteran's low back disorder, characterized by severe limitation of lumbar motion and pronounced intervertebral disc syndrome, warrants a disability rating of 60 percent since the effective date of service connection.

The Veteran's claim for service connection for degenerative disc disease, L4-5, L5-S1 was denied. The claim for service connection for idiopathic thrombocarpin purpura with systemic lupus erythermatosus (claimed as thrombocarpin) was also denied due to lack of evidence linking the condition to service or herbicide exposure.

The Veteran's claim for an increased rating for his lumbar spine disability and associated sciatic nerve symptoms was denied. The RO found that the Veteran's condition did not warrant a higher than 40 percent rating.

The Veteran's left lower extremity radiculopathy has been rated at 20 percent since June 19, 2007. The claim for a higher evaluation prior to that date is denied.

The Veteran's claims for increased disability rating, service connection, and special monthly compensation are being remanded due to the need for further development.

The Board has determined that there is no evidence of a low back disorder with radiculopathy during service or related to service, and the claim for service connection is denied.

The Veteran's claims for service connection are being remanded due to inadequate medical opinions and the need to verify a claimed stressor.

The Board denied the Veteran's claims for service connection for a spinal disorder, leg disorder, and penile disorder. The evidence did not establish that any of these conditions were incurred or aggravated by service.

The Veteran's L4-S1 radiculopathy with right foot drop was caused by the VA April 2002 surgery, which resulted in a permanent multi-level radiculopathy. The Board found that this additional disability was not reasonably foreseeable and due to error in judgment or lack of proper skill on the part of the operating surgeon.

The Veteran's service-connected lumbar disc disease is manifested by pain, weakness, and limited motion. The Board finds that the disability warrants a rating of 60 percent based on its pronounced nature with persistent symptoms compatible with sciatic neuropathy.

The Veteran's claim for a higher rating for his spondylolisthesis of the lumbar spine, with right radiculopathy is being remanded due to the need for a videoconference hearing.

The Board has denied service connection for lumbar paravertebral myositis, lumbar polyradiculopathy, fibromyositis, degenerative joint disease of the lumbar spine, spondylosis, spondylolisthesis of L5-S1, and spinal canal stenosis of L4-L5. The Veteran's cervical segment of the spine disabilities were also denied service connection.