Radiculopathy & sciatica decisions — 2000

The Board finds that the appellant's lumbar disc injury with sciatica and spondylolisthesis incurred in service, including a work-related injury in 1990. Service connection is granted for these conditions.

The Board denied an increased rating for the veteran's service-connected degenerative disc disease of the lumbar spine, currently evaluated at 40 percent.

The veteran's service-connected cervical radiculopathy and reactive airway disease do not render him unemployable due to his disabilities.

The veteran's claim for an increased rating for her service-connected low back disability is denied as her symptoms do not warrant a higher rating.

The Board has determined that the veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are well grounded, but his secondary service connection claims have not been substantiated by evidence of a plausible claim.

The Board has determined that the veteran's recurrent low back pain with left lumbar radiculopathy warrants a disability rating of 40 percent, effective from the date of the decision.

The Board denied the veteran's request for a three-wheel scooter as it is not considered necessary part of his outpatient care or treatment due to his service-connected disabilities.

The Board has granted a 40 percent evaluation for chronic pain, neck and right upper extremity; residuals of rotator cuff injury, right shoulder since January 1, 1999. The other issues remain unresolved.

The Board denied the veteran's claims for higher disability evaluations for his right elbow injury with spurring and compression fractures of the lumbar spine and herniated discs with history of radiculopathy, as these conditions are evaluated under a direct service connection theory.

The Board has restored service connection for the veteran's status post lumbar laminectomy with L5-S1 recurrent radiculopathy as secondary to his service-connected left knee disability.

The veteran's claim for additional educational training under Chapter 31 was denied as he already had the necessary education, experience, and skills to be employed in suitable occupations.

The Board has determined that the veteran's service-connected lumbar radiculopathy and hypertension do not warrant increased disability ratings.

The Board granted the veteran's claims for increased evaluations of his service-connected PTSD and L5 radiculopathy, but denied his claim to reopen a back disorder due to lack of new and material evidence.

The Board of Veterans' Appeals has granted service connection for post-operative cervical spine degenerative disc disease with radiculopathy, finding that the veteran's current condition is likely due to injuries sustained during military service.

The Board found that the veteran's preexisting psychiatric disability increased in severity during service, and granted service connection for this condition. The other claims were not well-grounded.

The veteran's claims are being remanded for additional development of the evidence, including obtaining VA treatment records and scheduling a VA examination.

The Board denied the appellant's claims for increased ratings and special monthly compensation based on need of regular aid and attendance or on account of being housebound, as well as DIC under the provisions of 38 U.S.C.A. § 1318 due to lack of evidence showing that the veteran's death was caused by his service-connected disabilities.

The veteran's appeals for increased disability rating and TDIU were dismissed as they were not timely filed.

The veteran's conditions do not meet the criteria for special monthly pension based on the need for regular aid and attendance due to his ability to care for himself and engage in most of the activities of daily living.

The veteran's low back disorder with radiculopathy, sinusitis, and bronchitis are all found to be related to his active service.