Radiculopathy & sciatica Board decisions

The veteran's service-connected degenerative disc disease of the lumbosacral spine, cervical spine, and thoracic spine have been granted initial disability ratings. However, his carpal tunnel syndrome of the right wrist remains at a noncompensable (zero percent) rating.

The Board has ordered further development due to pending requests for evidence and clarification. The case is now remanded for additional development at the RO level, including obtaining VA medical records and arranging for orthopedic and neurological examinations of the veteran's low back and right patellar disabilities.

The Board has granted service connection for skin rash, cervical radiculopathy with associated musculoskeletal pain, and chronic ear fluid buildup and Eustachian tube dysfunction as due to an undiagnosed illness incurred in active service in Southwest Asia.

The Board has determined that the veteran's service-connected degenerative disc disease of the lumbosacral spine with right lower extremity radiculopathy warrants a 60 percent disability rating since September 23, 2002.

The Board has ordered further development in the veteran's case, including additional evidence collection. The appeal is currently pending and will be remanded for further action.

The veteran's claim for an increased rating for his service-connected pseudoarthritis of the right L5-S1 with radiculopathy and history of lumbosacral strain was granted, but he is still seeking a higher evaluation. The mood disorder claim has been granted with a 30 percent evaluation effective from February 22, 1999.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for radiculopathy, both legs. The case is remanded for further development including obtaining medical records, scheduling appropriate examinations, and readjudication.

The Board determined that the August 1972 rating decision denying service connection for residuals of cervical spine injury due to willful misconduct did not contain clear and unmistakable error. The veteran's injuries were found to be incurred in line-of-duty, but as a result of his own willful misconduct.

The Board has determined that the veteran's lumbar myositis and strain with radiculopathy at L5-S1 warrants a disability rating in excess of 20 percent, but additional development is needed to determine if the criteria for such an increase have been met.

The veteran's appeal is remanded due to inadequate medical evidence and the need for further development, including a new examination. The case will be reconsidered in light of both old and new criteria for rating intervertebral disc syndrome.

The veteran's death was not caused by a service-connected condition, and he did not meet the eligibility requirements for Survivors' and Dependents' Educational Assistance.

The Board denied the veteran's claim for an earlier effective date of July 21, 1992, for the grant of service connection for C5-7 radiculopathy (also diagnosed as left shoulder impingement).

The Board denied the veteran's claims for increased ratings as his service-connected back and neck disorders did not meet the criteria for higher evaluations.

The Board found that the veteran does not have a back disorder related to service and denied his claim for service connection. The conditions identified, including spina bifida occulta, transitional vertebra, lumbarization, spondylolysis, spondylolisthesis, and lumbar radiculopathy, were not shown as resulting from in-service disease or injury.

The Board denied service connection for chronic cervical strain and radiculopathy with degenerative joint disease of the cervical spine, finding that it is not related to service or a service-connected condition. Service connection was also denied for left bicipital tendonitis and shoulder rotator cuff degeneration, as the examiner opined that these conditions may be related to a shrapnel injury in Vietnam.

The veteran's claims for increased ratings for his service-connected herniated disc at L3-4 and L5-S1 with lower lumbar radiculopathy, as well as bilateral shin splints, were denied. The RO found that the criteria for a disability evaluation in excess of the assigned percentages have not been met.

The Board found that the veteran's low back disability did not meet or approximate criteria for a rating in excess of 20 percent from July 21, 1994, to June 22, 1998.

The Board has determined that the veteran's claimed conditions are not related to the February 1997 VA surgical procedure and thus, he is not entitled to compensation under 38 U.S.C.A. § 1151.

The Board granted a disability evaluation of 60 percent for the veteran's low back disability beginning September 23, 2002. The previous rating was 40 percent.

The Board has granted a 60 percent rating for the service-connected back strain, paravertebral myositis, and left L5 radiculopathy under Diagnostic Code 5293.