Radiculopathy & sciatica Board decisions

The veteran's claims for earlier effective dates for service connection and increased ratings were denied as there was no evidence of an increase in disability within one year prior to the date of receipt of his claim.

The veteran's claim for a higher evaluation for his service-connected low back disability was denied as the evidence did not meet the criteria for a rating higher than 40 percent.

The veteran's claim for an increased rating for residuals of a fracture of the right femur and tibia with impairment of the femoral artery and sciatic nerve and degenerative joint disease of the right knee is granted, resulting in a disability rating of 80 percent. The claims for increased ratings for residuals of a fracture of the left femur with sciatic nerve involvement, due to a shell fragment wound, and for degenerative joint disease of the left ankle are denied.

The Board denied the veteran's claims for higher ratings for cervical spine arthritis and radiculopathy, arthritis of the lumbar spine, and paresthesia of the alveolar nerve, left jaw.

The RO granted a 30 percent rating for right knee replacement effective October 1, 2004. The veteran's other claims were denied.

The veteran's claim for an increased rating of her post-operative residuals, L4-5 discectomy with radiculopathy was granted. The claims for service connection for bilateral hearing loss and tinnitus were also granted. The new and material evidence claims for bronchitis and a perforated left eardrum were denied.

The veteran's claim for service connection for degenerative joint disease of the cervical spine with radiculopathy is being remanded to the RO for additional development.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for VA examinations to assess his service-connected conditions. The RO will also consider whether a higher rating or staged ratings are warranted for his spondylolisthesis at L5.

The veteran's service-connected low back injury and right sciatic nerve disorder were denied increased ratings.,A separate 20 percent rating was granted for the right sciatic nerve disorder effective from September 23, 2002.

The veteran's claim for an increased evaluation for herniated nucleus pulposus with sciatica is being remanded due to procedural deficiencies and the need for additional development, including obtaining updated VA examination reports.

The veteran's low back disability was rated at 60 percent for the period after April 1996, and he is currently unemployable due to his service-connected disabilities.

The veteran's cervical spine degenerative disc disease was granted a 20% evaluation effective September 23, 2002. The left heel spurs and GERD with IBS were both granted initial evaluations.

The Board of Veterans' Appeals has determined that the veteran's degenerative joint disease and degenerative disc disease of the lumbar spine, as well as arthritis of the right hip, are related to injuries sustained during a period of active duty for training (ACDUTRA).

The veteran's service-connected back disability necessitates the need for regular aid and attendance, which has been granted special monthly compensation benefits.

The veteran's claims for increased evaluations of his service-connected low back injury with radiculopathy and left knee disability are being remanded due to the need for additional development, including VA examinations.

The Board denied the veteran's request for payment or reimbursement of unauthorized medical expenses incurred from March to May 2001 due to a cervical spine disorder, finding that VA facilities were feasibly available and treatment had been scheduled.

The Board found that the veteran's lumbosacral strain, characterized by low back pain, was incurred during his period of active service. However, the degenerative disc disease of the lumbar spine with right leg radiculopathy or sciatica is not related to his period of active duty and thus denied.

The veteran's special monthly compensation claims for loss of use of both buttocks and right foot are being remanded due to the need for further development, including service connection assessment and a VA examination.

The veteran's service-connected conditions, including neurofibromatosis and related disabilities, make him incapable of performing daily activities without regular aid and attendance.

The Board has remanded the case for further development due to inadequate VCAA notice and an incomplete VA examination report. The veteran's claim is now pending with the RO.