Radiculopathy & sciatica decisions — 2009

The Veteran's increased rating claims for degenerative disc disease with osteophyte formation lumbosacral spine and radiculopathy of the right lower extremity were denied. The TDIU claim was also denied.

The Board finds that the Veteran's degenerative disc disease of the lumbar spine with radiculopathy is etiologically related to his in-service injury, and grants service connection for this condition.

The Veteran's chronic low back strain and radiculopathy of the lower extremities have been rated at their maximum levels, with no further increase in rating possible.

The Veteran's claims for increased ratings for his service-connected right wrist strain and temporomandibular joint dysfunction, with ear pain and muscle spasms, are denied. His claim for an initial rating in excess of 10 percent for his service-connected lumbar strain is also denied as there is no evidence of incapacitating episodes due to intervertebral disc syndrome that required bed rest prescribed by a physician and treatment by a physician.

The Veteran's service-connected left shoulder, right lower extremity, and left lower extremity radiculopathies have not been found to warrant a compensable disability rating.

The Board found that the Veteran's back disability with left leg radiculopathy was not incurred or aggravated by service and denied his claim.

The Veteran's claim for an increased rating for her service-connected low back pain was denied as a matter of law due to her failure to report for a scheduled VA examination.

The Board denied the appellant's claims for service connection for an acquired psychiatric disorder, cervical disc disease, arthritis of the lumbar spine with mild disc disease and spondylolysis, right leg sciatica, and residuals of a postoperative scar on the bridge of the nose. The appeal is not about service connection at all.

The Veteran seeks service connection for his current low back disability, which he contends started with a back injury in service. The Board has determined that additional action is needed to obtain VA medical records and arrange for a VA examination.

The Board found that the Veteran's current lumbar spine disability is not related to his military service and denied his claim for service connection.

The Veteran's service-connected low back disability has been rated at 20 percent since September 26, 2003. The claim for a higher initial rating remains denied as the evidence does not meet the criteria for an increased rating.

The Veteran's claim for service connection for a low back disorder, claimed as herniated lumbar disc disease with left leg radiculopathy, is denied because there is no medical evidence linking the current condition to his military service.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and lumbosacral strain have been denied. The Veteran does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claims for service connection have been denied. The Board has reopened the claims but continues to deny them on the merits.

The Board denied the Veteran's claims for service connection for a cervical spine condition, a thoracic spine condition, and an acquired psychiatric disorder. The Board found no nexus between the Veteran's current disabilities and his service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant, and his claim for automobile and adaptive equipment is also denied.

The Veteran's claim for increased evaluations for herniated nucleus pulposus and lumbosacral radiculopathy was granted. He is now receiving a 20 percent evaluation for his herniated nucleus pulposus since July 9, 2009, and a 10 percent evaluation for his lumbosacral radiculopathy.

The Board has remanded the case for further action due to issues related to increased ratings and an effective date, as well as a need for additional evidence.

The Board has remanded the case for further development and consideration, including obtaining outstanding VA treatment records and providing proper VCAA notice.

The Board denied the appellant's request for an increased evaluation of his lower back disability, finding that the evidence did not support a rating in excess of 40 percent.