Radiculopathy & sciatica Board decisions

The veteran is entitled to VA compensation benefits for the additional back disability, which consists of chronic low back pain with left L-5 radiculopathy, as a result of his July 1985 injury.

The veteran's back surgeries did not result in additional disability, and the Board denied compensation under 38 U.S.C.A. § 1151.

The veteran's claim for a higher rating for his service-connected lumbosacral strain with bulging disc and radiculopathy has been granted, resulting in a 60 percent disability rating effective from the date of the RO's determination. The current rating is 40 percent.

The veteran's claim for a higher evaluation of degenerative arthritis of the cervical spine is being remanded due to an inextricably intertwined issue regarding service connection for radiculopathy and disc problems. The RO must adjudicate these issues before proceeding further.

The RO granted a 20 percent rating for the veteran's service-connected left knee disability, effective from December 1995. The RO also denied an increase in a 10 percent rating for his service-connected sciatic neuritis of the left leg.

The Board found that the appellant's current foot and back disorders are not related to his service, as there is no evidence of a connection between his in-service injury and his present disabilities.

The veteran's service-connected right forearm and hand injury has been granted a 70% rating, effective from March 23, 1993. His right lower extremity radiculopathy is rated at 10%. The psychiatric disorder remains denied on the basis of direct service connection.

The Board has reopened the veteran's claims of entitlement to service connection for osteoarthritis of the left knee, elbow, and degenerative disc disease of the lumbar spine with left leg radiculopathy. However, the evidence does not establish a nexus between these conditions and active service.

The Board has determined that the veteran's service-connected mechanical low back pain with history of herniated nucleus pulposus, L5/S1, with radiculopathy warrants a 20 percent evaluation since April 10, 1998.

The Board denied the veteran's claim for service connection for a lumbar spine disability, finding no competent medical evidence linking it to his military service.,For the left TMJ internal derangement with probable anterior dislocation of meniscus and degenerative joint disease, the initial evaluation was 10 percent from February 1, 1993. The subsequent evaluations were 20 percent from February 7, 1995 to February 6, 1996, and 30 percent thereafter.

The veteran's service-connected traumatic left sciatic nerve injury with denervation of the left gastrocnemius muscle is currently rated at 20 percent, and no higher. The condition manifests as moderately severe muscle injury and moderate incomplete paralysis.

The Board has granted a 40 percent disability rating for service-connected residuals of lumbosacral surgery effective August 3, 1996. The claim for an earlier effective date for the 60 percent rating is denied.

The veteran's service-connected disabilities do not meet the schedular criteria for a total rating, and his current employment constitutes substantially gainful employment. The Board concludes that the preponderance of the evidence is against the claim for a total rating based on individual unemployability due to service connected disabilities.

The veteran's claims for service connection and initial ratings were granted, with the exception of the lumbar strain claim which was denied. The veteran is entitled to a 10 percent evaluation for hiatal hernia prior to November 16, 1998, and from that date forward.

The Board denied the veteran's claim for special monthly pension benefits due to a lack of evidence showing he needs regular aid and attendance or is housebound.

The veteran's claim for an increased rating for his service-connected compression fracture of T9 vertebra with radiculopathy was denied. The current evaluation is 50 percent, which includes a 40 percent rating under Diagnostic Code 5293 (Intervertebral disc syndrome) and an additional 10 percent based on the presence of deformity of a vertebral body.

The veteran's right anterior thigh radiculopathy is found to be secondary to his service-connected low back disorder and thus granted.

The Board of Veterans' Appeals denied the reopening of the veteran's claim for service connection for cervical strain due to lack of new and material evidence, maintaining the previous denial.

The Board has granted increased ratings for the veteran's service-connected cervical spine and low back disabilities, with a rating of 20 percent for each condition.

The Board finds that the veteran's current manifestations of chronic low back pain with spondylolysis and radiculopathy do not warrant an evaluation in excess of 20 percent.