Radiculopathy & sciatica Board decisions

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The Board's April 1999 decision was dismissed as the issues were not within its jurisdiction.

The veteran's claims for increased ratings and effective dates were granted, with the effective date set at June 5, 1987.

The Board has determined that the veteran's service-connected degenerative arthritis of the cervical spine, status post decompressive laminectomy, warrants a disability evaluation in excess of 40 percent.

The Board has determined that the veteran's fatal right lung broncheoalveolar cell carcinoma was not incurred in service or a result of any service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's claim for service connection is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's service-connected cervical and lumbar spine disabilities have been rated as noncompensable, with no evidence of higher ratings due to additional disability or symptomatology.

The veteran's migraine headaches are rated at 50% effective January 2, 2001. The low back disability with left leg radiculopathy is rated at 40%. The tender scar of the right breast remains at 10%. These ratings reflect the severity and impact on the veteran's daily life.

The veteran's claim for an increased evaluation of his cervical radiculopathy secondary to a fracture of C4-5 was denied. The VA found that the evidence did not support a higher rating than 40 percent, which is already in effect since March 29, 1991. For the temporary total disability rating under 38 C.F.R. § 4.29, the veteran's hospitalization from January to February 1991 was less than 21 days and not due to his service-connected disabilities. The claim for TDIU based on his service-connected cervical radiculopathy secondary to a fracture of C4-5 was also denied as the evidence did not show that his service-connected disabilities precluded him from engaging in substantially gainful employment.

The Board denied the veteran's claim for service connection for the cause of his death, finding that his suicide was not due to a service-connected disability and thus denying the claim.

The Board dismissed the appeal because a timely substantive appeal was not filed within 60 days of the issuance of the supplemental statement of the case in August 1998.

The Board denied the veteran's claim for an earlier effective date of July 29, 1997 for service connection due to chronic L4-5 lumbar sensory radiculopathy resulting from intervertebral disc displacement and focal lumbar stenosis secondary to his service-connected shrapnel wound.

The Board has determined that the appellant's low back disability warrants a 60 percent rating, effective from all periods during which this appeal has been pending.

The veteran's appeals for increased ratings on post-traumatic stress disorder, residuals of shell fragment wounds of the right hip with sciatic radiculopathy of the right lower extremity, and bilateral hearing loss have been dismissed.

The Board denied the veteran's claims for an initial evaluation in excess of 10 percent for post-traumatic arthritis of the left wrist and service connection for carpal tunnel syndrome of the left wrist as secondary to a service-connected disability. The veteran is currently seeking further clarification on his burn pit exposure claim.

The Board has determined that the veteran's lichen planus is currently rated at 30 percent disabling from July 16, 1995 to August 25, 1999 and as 50 percent disabling from August 26, 1999. The issues of propriety of ratings for lichen planus and degenerative joint disease of the cervical spine with radiculopathy have been denied.

The Board has denied the veteran's claims for service connection and an increased rating for his cervical spine disability, finding that the evidence does not support a grant of these benefits.

The veteran's service-connected lumbosacral spine disability is rated at a maximum of 60 percent, the highest schedular rating available under VA guidelines.

The Board denied the veteran's claim for service connection for residuals of a spinal injury, concluding that neither lumbar disc disease with radiculopathy nor arthritis is associated with his military service.

The Board has determined that the veteran's service-connected right upper extremity radiculopathy due to cervical arthritis, spondylosis and stenosis warrants a 40 percent rating. The limitation of motion in his cervical spine is rated at 30 percent under DC 5290. The peptic ulcer has been rated at 20 percent since September 1978.