Radiculopathy & sciatica Board decisions

The Board has determined that new and material evidence was submitted to reopen the veteran's claims for service connection for chronic low back disorder and chronic right knee disorder. The claims are granted as both conditions were found to be related to incidents in service, though arthritis of these areas is not presumed due to a lack of continuity or evidence showing onset during service.

The veteran's low back disability was granted a 50% evaluation before June 9, 1997. However, the left knee injury was denied an increased rating.

The Board found that the veteran's low back disability, including degenerative joint disease, scoliosis and sciatica, was not incurred in or related to service. The claim for service connection was denied.

The Board has determined that the veteran's service-connected degenerative disc disease of the cervical spine, with associated radiculopathy of the upper extremities, warrants a rating of 40 percent.

The veteran's service-connected herniated nucleus pulposus L4-5 with radiculopathy to the right leg is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability picture.

The veteran's nonservice-connected disabilities do not render him unable to care for his daily personal needs without assistance from others or unable to protect himself from the hazards and dangers of daily living on a regular basis. His combined schedular evaluation is 90 percent, which does not meet the criteria for special monthly pension based on need for aid and attendance.

The VA denied the veteran's claim for a higher evaluation for his service-connected neck disability, finding that the evidence did not support a rating in excess of 40 percent.

The Board denied service connection for residuals of a right foot injury and denied increased ratings for alopecia areata, degenerative joint disease of the cervical spine with C5 radiculopathy, and low back strain. The appellant did not provide sufficient evidence to establish service connection or entitlement to higher ratings.

The Board has denied the veteran's claim for special monthly compensation based on loss of use of both hands and legs due to a lack of clinical evidence reasonably suggestive of 'loss of use' of the legs as defined by VA regulations.

The Board found that the veteran's recurrent low back strain with radiculopathy is manifested by limitation of motion, resulting in recurring attacks of pain with intermittent relief. The disability does not meet the criteria for a rating in excess of 40 percent.

The veteran's nonservice-connected disabilities, including degenerative joint disease of the lumbar spine and bilateral wrist fractures, show him to be unable to obtain or retain substantially gainful employment. The Board grants a VA pension based on these conditions.

The veteran's service-connected psychiatric disorder, low back disability and right shoulder disability are all productive of significant impairment in work, thinking and mood. The increased evaluations for these conditions have been granted.

The veteran's claims for temporary total disability ratings based on hospitalization and surgery were denied as he did not meet the requirements under VA regulations.

The Board found that the reduction of a 40 percent rating for cervical disc disease with radiculopathy to 20 percent was not warranted, as there was no evidence showing improvement in symptoms.

The veteran's service-connected back disability is currently rated at 40 percent, but the Board finds that his condition does not warrant a higher rating based on current evidence.

The Board denied the veteran's claims for service connection for residuals of an injury to the lumbar spine with sciatic radiculitis and arthritis, as well as his request for a temporary total evaluation due to treatment for a service-connected condition requiring convalescence. The claim for increased evaluation for lumbosacral strain was also denied.

The veteran's disabilities do not meet the criteria for special monthly pension based on the need for aid and attendance of another person or being permanently housebound.

The Board denied the veteran's claims for increased ratings for his right ankle fracture and service connection for back and left hip disabilities, finding that there was no evidence of a direct relationship between these conditions and his service-connected right ankle disorder.

The Board has granted a 40 percent rating for lumbosacral disc disease with sciatica, effective from July 1997. The veteran's cervical spine disability is found to be service-connected as secondary to her in-service work as a medical assistant.

The Board has determined that the December 1995 rating decision granting service connection for postoperative L5-S1 fusion for spondylolisthesis and assigning a 20 percent rating did not contain clear and unmistakable error (CUE).