Radiculopathy & sciatica Board decisions

The Board has determined that the veteran's service-connected back disorder warrants a disability rating of 40 percent, effective November 3, 1997.

The Board has determined that the claim for service connection for lumbosacral radiculopathy is not well-grounded because there is no competent evidence showing a current disability due to disease or injury incurred in or aggravated by service.

The VA determined that the veteran's low back disability, characterized as low back strain with associated radiculopathy, does not meet or approximate the criteria for a higher evaluation beyond the current 20 percent rating.

The veteran's claim for a permanent and total disability rating for pension purposes was denied as his disabilities do not meet the criteria set forth in VA regulations.

The VA determined that the veteran's lumbar strain with radiculopathy warrants a rating of at least 40 percent, but not more. The evidence did not show persistent symptoms compatible with sciatic neuropathy.

The veteran's low back disability is rated at 40 percent, and his lipoma of the left lateral lumbar area does not meet criteria for a compensable rating.

The Board has reopened the claim of service connection for a right arm/wrist disorder and found it well grounded. The case is now remanded to consider whether there was clear and unmistakable error in the February 1980 rating decision denying service connection.

The Board denied the veteran's claims for increased evaluation and TDIU due to lack of evidence showing progression or worsening of his service-connected lower back disability, but found that he was not unemployable based on this condition.

The VA denied the claim for an evaluation in excess of 30 percent for low back strain with sciatica, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or severe lumbosacral strain.

The Board has granted a 40 percent rating for the veteran's service-connected low back pain with radiculopathy as of February 13, 1998. The previous ratings were not sufficient to reflect the severity of his condition.

The veteran's service-connected degenerative disc disease with sciatica and osteoarthritis lumbosacral spine is rated at 20 percent, while his service-connected migraine headaches are rated at 30 percent.

The veteran's service-connected conditions do not meet the criteria for special monthly compensation based on loss of use of the right foot or need for aid and attendance/housebound status.

The Board has granted the waiver of recovery of an overpayment of compensation benefits in the amount of $1,070 due to fault on both the part of the appellant and the VA, undue financial hardship for the appellant and his family, and the purpose of the benefits being defeated.

The Board has granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $670.00, finding that recovery would be against equity and good conscience.

The Board has determined that the veteran's claim for a compensable initial disability rating for residuals of a fracture of the right thumb is denied. The issue of service connection for residuals of a back injury is also denied as the evidence does not support a well-grounded claim.

The veteran's cervical herniated discs, post-operative, with radiculopathy are currently manifested by pain and limitation of motion without persistent symptoms of pronounced disability. The veteran's low back pain with degenerative changes is currently manifested by painful but essentially full range of motion.

The veteran is granted a 60% evaluation for herniated nucleus pulposus with radiculopathy effective August 20, 1994.

The Board found that there was no competent medical evidence linking a current neck disability to an incident of service or post-service symptomatology, and thus denied the veteran's claim for service connection.

The Board has granted a 60 percent disability evaluation for the veteran's degenerative disc disease of the cervical spine with left shoulder radiculopathy and thoracic outlet syndrome, finding that his symptoms are most accurately characterized by the criteria set forth for this condition.

The veteran's claim for increased ratings and effective dates related to his service-connected conditions has been granted by the Board of Veterans' Appeals.