Radiculopathy & sciatica Board decisions

The veteran's lower back disability is rated at 40 percent, effective from March 24, 2005. A separate 10 percent rating for mild radiculopathy of the right foot is granted as of September 9, 2003.

The Board has granted a rating of 40 percent for the veteran's low back syndrome with left sacroiliac joint pain and degenerative disc disease, effective from the date of the decision. The ratings for right lower extremity radiculopathy (10%), left lower extremity radiculopathy (10%), and osteoarthritis of the right knee remain unchanged at 10 percent each.

The Board denied the veteran's claims for service connection for low back and right knee disorders, finding that current conditions are not related to any injury or disease in service.

The veteran's service-connected disabilities do not prevent him from caring for his daily personal needs, and do not render him unable to protect himself from the hazards of daily living. The veteran is not substantially confined to his house or immediate premises as a result of his service-connected disabilities.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation which is sedentary in nature. Therefore, the claim for TDIU is denied.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability resulting from a September 1995 VA surgery, alleging that this caused neurological deficits and bowel/bladder issues. The case has been remanded to obtain relevant records and determine if the proximate cause was VA fault or an unforeseeable event.

The veteran's service-connected lumbar disc disease with left leg sciatica and numbness is currently rated at 40 percent, but the Board finds that this rating does not meet the criteria for an evaluation in excess of 40 percent.

The VA determined that the veteran's service-connected back injury, including associated sciatica, warrants a 20 percent evaluation.

The veteran requested to withdraw his appeal, and the Board has dismissed the case as a result.

The Board has granted service connection for a lumbar spine disability, finding that the veteran's current condition is related to an in-service injury. Service connection was denied for a left knee and leg disability (ruling out radiculopathy).

The case is being remanded for further development, including obtaining medical records and scheduling examinations to determine the severity of the veteran's service-connected conditions and any associated bladder condition. The RO must also issue a statement of the case regarding the initial rating for left lower extremity radiculopathy.

The veteran's degenerative disc disease of the lumbar spine with sciatic neuritis has been rated at 40 percent since February 18, 1999. The Board has determined that a higher evaluation of 60 percent is warranted for this period.

The veteran is not entitled to an effective date earlier than November 4, 1997 for the grant of a 60 percent disability evaluation for herniated nucleus pulposus, L4-L5 and L5-S1, clinical lumbosacral polyradiculopathy, and lumbar paravertebral myositis secondary to back strain.

The Board has granted a higher rating of 60 percent for the veteran's service-connected lumbar spine disability, effective from September 2, 2001.

The veteran's service-connected low back disability alone does not preclude him from gainful employment, as he is only restricted to light work duty status and requires frequent breaks. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied.

The veteran's claim for an increased rating for his cervical spine disability is being remanded due to inadequate VCAA compliance, lack of adequate range-of-motion testing in the VA examinations, and need for additional medical records.

The Board denied the veteran's claims for service connection for diabetes mellitus and for ratings in excess of 30 percent for coronary artery disease prior to May 28, 2004, and for a rating in excess of 60 percent for coronary artery disease effective from May 28, 2004. The veteran's claim for service connection was reopened on new evidence, but the Board found no nexus between his current conditions and service.

The Board has determined that the veteran's service-connected foot disabilities have caused his lumbar spine degenerative changes, and thus grants service connection for these conditions.

The veteran's initial ratings for his back and left knee disorders have been granted, with the back disorder receiving a 40 percent rating and the left knee disorders (including arthritis) receiving separate 10 percent ratings. The effective dates are tied to specific medical findings.

The Board has remanded two issues for further development: entitlement to increased ratings for left S1 radiculopathy and peripheral neuropathy of the left lower extremity, and residuals of a gunshot wound of the buttocks. The VA will conduct additional examinations and review the claims based on the Joint Motion.