Radiculopathy & sciatica decisions — 2010

The Board found that the Veteran's right foot condition existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's bilateral leg muscle weakness is not related to his service-connected cervical and lumbar intervertebral disc syndromes. The initial evaluation for left lower extremity sciatica remains at 10 percent.

The Board has ordered a remand to obtain an adequate VA examination and opinion regarding the Veteran's low back strain with mild right-sided radiculopathy, including whether it is related to his military service or caused by his service-connected GSW.

The Veteran's long thoracic nerve compression with left arm radiculopathy is currently rated at 20 percent, the maximum schedular rating for a minor extremity. The other issues have not met the criteria for higher ratings.

The Veteran's claims for service connection for a nasal disorder (sinusitis and deviated septum) have been denied as there is no current evidence of such disorders. The Board finds that the Veteran does not have a current disability related to his claimed conditions.

The Board found that the Veteran's current low back disorder is not related to his active service, and denied his claim for service connection.

The Board has granted a 60 percent evaluation for the Veteran's service-connected asthma, effective from the date of this decision. The criteria for a higher 100 percent evaluation have not been met.

The Board denied the Veteran's claims for service connection for cervical spine disability, numbness in the left hand (claimed as radiculopathy), and thoracolumbar degenerative arthritis with left lower extremity radiculopathy. The right shoulder disability was granted but not increased beyond a 10% rating.

The Veteran's low back disability was not manifested by forward flexion of the thoracolumbar spine limited to 30 degrees or less, and his left lumbosacral radiculopathy is not manifested by more than mild incomplete paralysis of the sciatic nerve. Therefore, the increased ratings for lumbar degenerative disc disease and left lumbosacral radiculopathy are denied.

The Board has determined that additional development is needed to determine if the Veteran's lumbar spine disability and sciatica with radiculitis are related to his military service. The case will be returned for further action.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's residuals of a gunshot wound to the left flank have been evaluated as 20 percent disabling, reflecting moderate impairment.

The Veteran's claims for increased ratings for his service-connected low back and bilateral knee disabilities, as well as radiculopathy of the right leg, were denied. The Veteran was granted a 10% rating for residuals of a sprain of the right ankle.,Service connection for radiculopathy of the left leg was also denied.

The Veteran's appeal for increased ratings has been withdrawn, and the claims for cervical intervertebral disc syndrome, lumbar degenerative disc disease, right shoulder degenerative joint disease, left upper extremity radiculopathy with cubital tunnel syndrome, residuals of partial medial meniscectomy, residual spurring from ankle injury, headaches associated with discectomy and fusion, and scar have all been denied.

The Board has reopened the Veteran's claim for service connection for hypertension and determined that new and material evidence has been received. The Veteran's hypertension is found to be aggravated by his service-connected PTSD, and he is granted service connection for this condition.

The Veteran's lumbar spine disability is rated at 40 percent, effective April 15, 1992. The left shoulder disability was initially rated at 10 percent prior to July 18, 2005 and then increased to 20 percent since that date.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his degenerative disc disease of the lumbar spine and sciatica, right lower extremity. Higher ratings may be warranted based on the results of this examination.

The Veteran's claims for increased ratings were denied. The intervertebral disc disease of the thoracolumbar spine was rated at 40 percent, sensory radiculopathy of the left leg prior to May 13, 2010 was not compensable, and beginning on May 13, 2010, it was rated at 10 percent. The residuals of a vasectomy were also rated at 10 percent.

The Veteran's appeal is remanded due to the need for additional medical examination and records.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for chronic lumbago with right leg radiculopathy. The Veteran's coronary artery disease is found to be due to herbicide exposure during active duty.