Radiculopathy & sciatica decisions — 2009

The Board found that new and material evidence had been received to reopen the claim of service connection for a low back disorder, which was determined to be related to active service. The appellant's current low back disorder is considered to have resulted from his military service.

The Board has determined that the Veteran's bilateral upper extremity radiculopathy is related to his service-connected posttraumatic chronic cervical strain with degenerative disc disease, and thus grants service connection for this condition.

The Veteran's low back disability is rated at 10 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal is granted as the rating assigned meets the criteria set forth in the applicable diagnostic code.

The Veteran's low back disability is currently rated at 20 percent, and his left lower extremity impairment is rated at 10 percent. The initial increased ratings for both conditions have been granted.

The Veteran's PTSD is rated at 50 percent, effective from the date of the decision. The claim for service connection for a left knee disability has been reopened and is granted. Service connection for low back and sciatic nerve damage are also granted.

The Board denied the claim for an effective date earlier than September 27, 2004 for the awards of service connection for chronic sciatica with L2-L3 radiculopathy and cervical degenerative arthritis.

The Veteran's service-connected disabilities alone cause him to be unable to dress himself, attend to the wants of nature, ambulate outside the home, or protect himself from dangers in his environment and therefore make him so helpless as to need regular aid and attendance.

The Veteran's bilateral upper extremity cervical radiculopathy and sinusitis have been evaluated as 10 percent disabling, with no higher ratings granted. The Veteran's right and left upper extremities were found to be mild in severity throughout the relevant periods.

The Veteran's appeal is remanded due to the need for a VA examination and additional treatment records. The issue of entitlement to higher ratings for his back condition with radiculopathy will be reconsidered under both old and revised regulations.

The Board denied an initial evaluation in excess of 20 percent for the Veteran's low back disability from October 25, 1991 to April 25, 1993. The decision was based on the evidence and applicable legal criteria at that time.

The Veteran's appeal has been withdrawn before the Board could issue a decision. The claim for a higher rating for his low back disability is dismissed.

The Veteran's claim for service connection for left S1 radiculopathy, lumbar myositis, grade I spondylolisthesis, L5-S1, with associated bilateral spondylosis, degenerative joint disease of the lumbar spine was granted. The other claims related to infertility and major depressive disorder were not pursued or addressed in this decision.

The Veteran's appeal is denied as his service-connected conditions are not rated higher than the current evaluations.

The Board denied service connection for a low back disability and secondary service connection for hypertension, pain disorder, obstructive sleep disorder, sciatica of the lower extremities bilaterally, and degenerative arthritis to the low back disability due to lack of evidence linking these conditions to service or service-connected disabilities.

The Board found that the Veteran's medical condition was emergent at the time he sought private medical attention, and that VA treatment was not feasibly available to him. Therefore, the Veteran's claim for reimbursement of unauthorized medical expenses incurred on August 23, 2008, is granted.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran's disability of residuals of lumbosacral nerve root injury with radiculopathy and history of RSD did not warrant a rating in excess of 40 percent, while his disability of residuals of pelvic fracture and separation of symphysis pubis with low back pain warranted ratings in excess of 10 percent prior to January 16, 2004, and in excess of 40 percent thereafter.

The Veteran's service-connected herniated lumbar disc with left radiculopathy is currently rated at 10 percent, but the Board finds that this rating is not warranted based on his current symptoms.

The Veteran's appeal for service connection for sciatic nerve damage to the right leg and groin has been withdrawn. The case is being remanded for a VA examination to determine an increased evaluation for his degenerative joint disease of the lumbar spine.

The Board has determined that the Veteran's lumbar spine disease with degenerative disc disease and degenerative arthritis, including radiculopathy of the right leg, is related to his service. As a result, the claim for service connection is granted.

The Veteran's claim for an effective date prior to December 21, 2006 for the award of service connection for various disabilities was denied as there is no evidence that a formal application was received within one year of his informal claim.