Radiculopathy & sciatica decisions — 2010

The Board denied the Veteran's request to reopen his claim of service connection for lumbar spine stenosis with radiculopathy and low back pain, finding that no new and material evidence had been presented.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's claims for increased ratings for his service-connected disabilities are being remanded due to the need for additional examinations and development of records.

The Veteran's appeal is remanded for additional development, including obtaining updated VA and private medical records, conducting a VA examination to assess the severity of his service-connected disabilities, and determining whether he is unemployable due to those conditions.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The appeal has been withdrawn by the appellant prior to a decision being made.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease and degenerative joint disease of the lumbosacral spine with spinal stenosis and radiculopathy is being remanded due to the need for additional development, including obtaining a statement from the April 2010 VA examiner regarding incapacitating episodes.

The Board has granted service connection for the Veteran's right upper extremity disability, finding that it is due to his service-connected cervical spondylosis. The claim of entitlement to compensation under 38 C.F.R. § 1151 for a right leg disability remains pending.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has remanded the case for additional development due to missing service treatment records and other medical records.

The Veteran's service-connected right hip disability, characterized by a right-sided pelvic fracture with subluxation and deformity of the right sacroiliac joint and right sciatic notch with 1/4 shortening of the right leg, is currently rated at 30 percent. The Board found that this rating was appropriate given the Veteran's symptoms and functional limitations.

The Board has determined that the Veteran's cervical spine disability and left arm disability were not caused or aggravated by his service-connected low back disability. The Veteran's low back disability is currently rated as 40 percent disabling.

The Veteran's only service-connected disability, lumbar myositis with degenerative disc disease and radiculopathy, is rated at 60 percent. The evidence does not show that this condition alone renders the Veteran unemployable.

The Veteran's lumbar spine arthritis and right L4 radiculopathy are currently rated at 30 percent, but the Board finds that they do not warrant a higher rating based on current evidence.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including scheduling of VA examinations and consideration of new evidence.

The Veteran's claims for higher initial evaluations and earlier effective dates were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of the assigned ratings.

The Veteran's appeal was denied for higher initial disability ratings and service connection claims. The issues of PTSD, lumbar spine degenerative disc disease, left leg radiculopathy, right knee degenerative joint disease, tinea corpora, premature ejaculation disorder (secondary to PTSD), and dyspepsia (secondary to PTSD) were all denied.

The Veteran seeks an earlier effective date for the award of service connection for sciatica with L2-L3 radiculopathy and degenerative arthritis of the cervical spine with radiculopathy. The Board finds that an effective date of October 29, 2003, but not earlier, is warranted for the former claim. However, the Veteran's September 27, 2004, claim for service connection for degenerative arthritis of the cervical spine with radiculopathy represents a new claim and thus an effective date prior to this date is denied.,The Board finds that neither a formal nor informal claim of entitlement to service connection for a cervical spine disorder was received prior to September 27, 2004. Therefore, an earlier effective date for the award of service connection for degenerative arthritis of the cervical spine with radiculopathy is denied.

The Board has denied the Veteran's claim for service connection for a cervical spine disability with radiculopathy of the upper extremities, finding that it was not incurred or aggravated during active duty service and is not proximately due to or the result of a service-connected disability.

The Veteran's claims for increased evaluations of his service-connected spinal stenosis, radiculopathy in the left and right legs are being remanded to allow for additional development.