Radiculopathy & sciatica decisions — 2010

The Board has determined that the Veteran's disabilities resulting from his May 1998 motor vehicle accident were not incurred in the line of duty and are instead a result of his own willful misconduct, leading to a denial of service connection.

The Veteran seeks entitlement to automobile and adaptive equipment or adaptive equipment only due to his service-connected lumbar degenerative disc disease with moderate left lower extremity S1 radiculopathy. The Board has decided the case requires further examination and development.

The Veteran does not have additional disability as a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA in furnishing surgical treatment in February 1999, and the results of the surgery were reasonably foreseeable.

The Board denied the Veteran's claims for service connection for sciatica, left hip and left leg as well as his claim for an increased rating for bilateral hearing loss. The decision found that new evidence did not raise a reasonable possibility of substantiating the claims, and that the Veteran's current hearing loss does not warrant a compensable rating.

The Board has determined that the Veteran's degenerative joint disease with lumbar stenosis and radiculopathy of the right lower extremity are service-connected, as they are related to his in-service low back pain.

The Board has denied the Veteran's claims for service connection for a back disability and degenerative disc disease of the cervical spine, finding that new and material evidence was not submitted to reopen these claims.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a back disability, and has found that the Veteran's current lumbar radiculopathy first developed during military service. Therefore, service connection is granted.

The Board has remanded the case for additional development and adjudication due to new evidence submitted by the Veteran.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for an amnestic/cognitive disorder due to VA heart surgery in December 1997, and denied his increased rating claim for degenerative disc disease with compression fracture at L1/L2 and initial compensable rating or ratings for bilateral sciatica.

The Veteran's claim for increased ratings for his low back injury and associated radiculopathies of the lower extremities, as well as service connection for irritable bowel syndrome (IBS), was granted. The effective date is not specified.

The Veteran's service-connected disabilities, specifically her chronic low back disorder and lower extremity radiculopathies, have rendered her in need of regular aid and attendance. The Board has determined that she meets the criteria for special monthly compensation based on this need.

The Veteran's service-connected cervical spine and thoracic/lumbar spine disabilities were evaluated, but the claims for higher ratings were denied as they did not meet the criteria under the applicable rating schedule.

The Board has denied the appellant's claims of service connection for a back/neck condition and a left arm/shoulder condition, finding that there is no evidence linking these conditions to his active military service. The TDIU claim was also denied.

The Board has granted an initial rating of 30 percent for radiculopathy of the right upper extremity, finding that it is manifested by moderate incomplete paralysis.

The Veteran's lumbosacral strain has been rated at 40 percent since the July 2004 rating decision. Since November 5, 2009, he has also been granted separate 10 percent ratings for right and left-sided mild incomplete paralysis of the sciatic nerve.

The Veteran's service-connected low back disability, characterized as L5-S1 degenerative disc disease and spinal stenosis with radiculopathy, status post lumbar fusion and laminectomy, resulted in severe post-operative residuals that required convalescence until at least December 13, 2002. The Board granted an extension of a temporary total rating based on the need for convalescence following surgery.

The Veteran's increased rating claim for his low back disability was granted, and the effective date of the grant was set at June 5, 2006.

The Veteran's spondylolisthesis of the lumbar spine, status post lumbar spine surgery with right radiculopathy is currently rated at 40 percent and denied for a higher rating.

The Veteran's appeal is being remanded due to the need for further development and consideration of his claims, including an extra-schedular evaluation.

The Board denied service connection for a sciatic nerve condition, finding that the Veteran's complaints did not have their onset in service and were not related to his service-connected low back strain.