Radiculopathy & sciatica decisions — 2010

The Board has remanded the Veteran's claim for service connection for low back disability characterized as L5-S1 disc herniation with radiculopathy due to inadequate medical opinion evidence and the need for further examination.

The Veteran experiences degenerative disc disease in the cervical spine, with radiculopathy into the left upper extremity. The only medical opinion with a rationale supports the conclusion that these disorders occurred, at least in part, due to surgical treatment of a service-connected low back disability.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining records from the San Diego VAMC and Western New York Healthcare System. The case will be further reviewed to determine if she meets the criteria for a TDIU.

The Board has dismissed the Veteran's appeal for an increased rating for lumbosacral strain with bulging disc and radiculopathy due to his withdrawal of the appeal prior to a decision being made.

The Board found that the Veteran's herniated disc of the lumbar spine with left side radiculopathy and left hip avascular necrosis is not proximately due to or the result of a service-connected disease or injury.

The Board found that the Veteran does not have lumbar radiculopathy and therefore, his claim for service connection for lumbar radiculopathy as secondary to his service-connected lumbosacral myositis was denied.

The Veteran's appeal involves multiple issues related to her service-connected lumbar spine disability, including increased ratings and TDIU. The case is being remanded for additional development of the claims.

The Veteran's claim for increased ratings for his back disability and right leg radiculopathy has been granted, with the effective date being June 22, 2009.

The Board has determined that the Veteran's right knee, back, neck, left lower extremity sciatica, and acquired psychiatric disorders are not related to his period of service or any aspect thereof, including a service-connected disability. As such, these claims for service connection have been denied.

The Veteran's spouse requires regular personal care assistance from another person due to various disabilities, and the Board has determined that she is in need of aid and attendance.

The Board has determined that the evidence does not clearly and unmistakably establish that the Veteran's low back disability is unrelated to his active service, thus restoring service connection for degenerative joint disease of the lumbar spine. The same reasoning applies to the restoration of service connection for osteoarthritis of the right hip, L5 radiculopathy of the right lower extremity, and L5 radiculopathy of the left lower extremity.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the thyroid neoplasm was not incurred in or aggravated by active military service, and his migraine headaches, lumbar degenerative disc disease, left lower extremity radiculopathy, and hypothyroidism did not meet the criteria for higher initial ratings.

The Board found no evidence of bilateral lower extremity radiculopathy and denied the Veteran's claim for service connection.

The Veteran's appeal was denied for service connection of cervical radiculopathy of the bilateral upper extremities. The initial rating claims for multi-level disc syndrome of the lumbar spine were also denied, with a denial since February 3, 2006.

The Board has determined that the Veteran's current diagnosis of bilateral tinnitus is related to his service, and thus grants service connection for this condition. The other claims are pending further development.

The Board has remanded the case due to the need for additional evidence and examinations, including VA treatment records and orthopedic/neurological evaluations.

The Board has determined that the Veteran's right lower extremity loss is equivalent to a below-the-knee amputation with prosthesis, thus meeting the criteria for special monthly compensation.

The Veteran's service connection claims for various conditions, including hearing loss, headaches, cervical and lumbar spine disabilities, hemorrhoids, digestive disorders, a tumor, facial nerve condition, erectile dysfunction, prostate disability, glaucoma, and skin conditions are all granted. The basis of the presumption is exposure to herbicides during active military service.

The Veteran's claim for service connection for bilateral knee disorders was denied. The appeal for a temporary total evaluation due to left knee disability requiring convalescence is also denied. The Veteran's TDIU claim is granted effective from October 8, 2009.

The Veteran's lumbosacral strain with left sciatica and limitation of motion was granted a disability rating of 20 percent from September 1, 1993 to December 21, 1994. From December 22, 1994 to May 13, 1998, the Veteran's condition warranted a higher rating but not as high as requested. Beginning May 14, 1998, the disability was rated at 40 percent.