Radiculopathy & sciatica decisions — 2010

The Board has denied the Veteran's requests to reopen his previously denied claims of entitlement to service connection for cervical strain with radiculopathy, lumbar disc derangement with disc bulging at L4-L and L5-S1 with radiculopathy, and an acquired psychiatric disorder.

The Board has determined that the Veteran does not have current radiculopathy in his lower extremities and finds no evidence of a service-connected disability causing or aggravating this condition. The reduction from a 40 percent rating to a 20 percent rating for lumbar disc disease is denied as there was no material improvement demonstrated.

The Board denied the Veteran's claims for increased ratings for his service-connected status-post L5-S1 discectomy and sciatica of the right leg, finding that the evidence did not meet the criteria for a higher evaluation under the applicable rating criteria.

The Veteran's lumbosacral radiculopathy, right leg was rated at 20 percent prior to October 8, 2008 and denied for a higher rating. Since October 8, 2008, the claim remains denied as his condition does not meet the criteria for a disability rating in excess of 40 percent.

The Board has determined that the Veteran's current low back disorder, including lumbar strain, degenerative disc disease L4-5, facet degenerative changes, and right sciatica, was not incurred or aggravated during service. The VA examiner found no link between his current condition and his period of active military service.

The Veteran's claim for an increased rating for chronic cervical vertebral disc disease with right upper extremity radiculopathy is being remanded due to the need for a more contemporaneous medical examination and additional VA outpatient records.

The Veteran's claims for service connection for left leg radiculopathy, initial compensable evaluations for lumbar muscle spasm and a left inguinal hernia, and an initial rating in excess of 10 percent disabling for GERD were denied. The Board found that there was no evidence of chronic left leg radiculopathy or other service-connected disabilities causing the Veteran's symptoms.

The Veteran's claims for service connection for neuropathy and radiculopathy of the lower extremities, a skin disorder, and PTSD have been denied. The Board found no evidence to support these claims.

The Veteran's radiculopathy of the right lower extremity is currently rated at 20 percent, effective August 31, 2006. The left lower extremity was initially rated at 10 percent and increased to 60 percent effective December 14, 2009.

The Veteran meets the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his service-connected disabilities that have essentially commensurate with loss of use of both lower extremities.

The Veteran's nerve impingement with left side radiculopathy has been rated at 40 percent since December 28, 2009.

The Veteran's service-connected lumbar strain with early degenerative osteoarthritis and left leg sciatic nerve involvement are currently rated at the minimum levels. The Board finds that his symptoms do not warrant a higher rating.

The Veteran's appeal is being remanded to the RO via the Appeals Management Center (AMC) in Washington, DC for further development and consideration of his claims. The issues of an increased rating higher than 40 percent for the service-connected low back disability and a TDIU rating are deferred until after completion of the necessary actions.

The Veteran's PTSD has been rated at 30 percent, and his lumbosacral spine disability was also rated at 20 percent. The Board is remanding the case to schedule a VA examination for the lumbosacral spine.

The Veteran's claims for service connection, pension eligibility, and increased rating were denied. The effective date of the increased rating was set at August 29, 2000.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and determined that there is a nexus between her current disability and service.

The Veteran's service-connected disabilities (PTSD, low back and right leg conditions) are found to be so severe that they prevent him from securing or maintaining substantially gainful employment.

The Board determined that the Veteran's lumbar spine disability does not warrant a higher rating as his symptoms do not meet or approximate the criteria for a disability rating in excess of 40 percent.

The Board denied the Veteran's claims for reopening his service connection claims for right wrist and low back disorders due to lack of new and material evidence.