Radiculopathy & sciatica Board decisions

The Board finds that the Veteran's reported history of having an in-service injury to his back during a period of inactive duty for training is not credible. The preponderance of evidence does not support service connection for herniated disc with radiation to right lower extremity.

The Board has remanded the case for additional development due to missing evidence and a request for a statement from Dr. D.

The Board has determined that the Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, warranting entitlement to special monthly compensation based on such need.

The Board denied the Veteran's claim for service connection for his back disability, finding that it was not established as a direct result of service.

The Veteran's claim for service connection for low back disability was previously denied in September 2001. New and material evidence has not been received to reopen this claim. The claims for increased evaluations of the cervical spine disorders have also been denied.

The Veteran's service-connected osteoarthritis of the thoracic and lumbar spine is rated at 40 percent, which is the maximum available under the applicable diagnostic codes. The Veteran's left lower extremity radiculopathy remains at a 10 percent rating.

The Board has remanded the case for additional development due to inadequate examination and incomplete evidence. The appellant's claim for an increased evaluation of his service-connected back disability is on appeal.

The Veteran's lumbar spine degenerative disc disease and radiculopathy on the left are currently rated at 10 percent, which is the maximum schedular rating available for these conditions under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that the current evaluations adequately reflect the severity of the Veteran's service-connected lumbar spine disabilities.

The Veteran's death was not due to service-connected causes, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded due to the need for a VA examination and consideration of functional loss due to pain.

The Veteran's low back disability, including L4-L5 disc disease and degenerative joint disease with radiculopathy of both sides, has been rated at 60 percent since September 2002. The current rating reflects the severity of his symptoms without requiring additional evaluations for other conditions or disabilities.

The Veteran's service-connected disabilities are permanent and total, qualifying him for Dependents' Educational Assistance (DEA) under Chapter 35 of the Veterans Benefits Act.

The Veteran's claims for higher ratings for lumbar degenerative disease with intervertebral disc syndrome and radiculopathy of the left lower extremity were denied. The current ratings are considered appropriate.

The Board denied service connection for residuals of a shell fragment wound of the neck, arthritis of bilateral shoulders, and numbness and tingling of bilateral arms, hands, and fingers. The Veteran did not sustain a shell fragment wound to his neck during service, and there is no evidence of current disability related to this injury. The Board also found that the arthritis of the shoulders was not shown during service or for many years thereafter, and the numbness and tingling were due to bilateral upper extremity radiculopathy and carpal tunnel syndrome.

The Board denied the Veteran's claims for service connection for a low back disorder, reopening of his PTSD claim, TDIU, and entitlement to an effective date earlier than February 25, 2000 for additional compensation for a dependent spouse. The claim for an effective date earlier than February 25, 2000 for additional compensation for a dependent child was denied due to lack of adequate documentation.

The Board has remanded the case for further development, including scheduling a VA examination and providing VCAA notice.

The Veteran's claim for service connection of DJD of the left arm was denied as there is no evidence showing that he has this condition due to his military service. The issue of an increased evaluation for cervical spine disability remains on appeal.

The Veteran's claims for service connection for muscle atrophy of the right thigh, sciatic nerve and posterior left thigh disorder, and loss of stability of the cruciate ligament, left knee were denied as these conditions are not considered to be directly related to his active service or secondary to a service-connected condition.

The Veteran's appeal is being remanded for further development of the record, including obtaining additional private treatment records and scheduling VA examinations to assess his service-connected disabilities.

The Veteran's right lower extremity sciatica is manifested by a disability picture consistent with no more than moderately severe incomplete paralysis, warranting the current 40 percent rating.