Radiculopathy & sciatica decisions — 2001

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The veteran's claim for an increased evaluation of his service-connected low back disorder is being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The veteran's low back disorder, including herniated nucleus pulposus and lumbar radiculopathy, is considered to have started during his military service.

The Board's August 1969 decision did not rate sciatic nerve injury or grant special monthly compensation for loss of use of both buttocks due to lack of evidence at the time.

The veteran's claims for an earlier effective date for service connection and a higher rating for right sciatic nerve disability, as well as special monthly compensation based on loss of use of both buttocks, are denied.

The Board has determined that the veteran's service-connected low back disability warrants an extraschedular rating of 70 percent, effective from the date of his claim for TDIU.

The veteran's claim for a higher rating for his lumbosacral nerve root injury with radiculopathy and reflex sympathetic dystrophy, currently rated at 40 percent disabling, is granted. The effective date of the increased rating is February 25, 1998.

The Board has determined that the veteran's non-service connected disabilities necessitate regular aid and attendance, allowing for special monthly pension by reason of need for regular aid and attendance.

The VA determined that the appellant's low back strain with sciatic neuritis, secondary to a herniated intervertebral disc at L5-S1, more closely approximates the criteria for a 40 percent evaluation due to moderate to severe limitation of motion in the lumbar spine.

The Board found that the appellant's claim for an earlier effective date for TDIU was not supported by evidence of record, as there were no claims filed within one year prior to January 27, 1992. The RO denied service connection for cervical and lumbar radiculopathy in April 1973.

The veteran's service-connected disabilities did not meet the criteria for additional compensation for a dependent spouse prior to October 1, 1998.

The Board denied the veteran's claim for an evaluation greater than 40 percent for her back disability, finding that the evidence did not support such a rating.

The Board has determined that the veteran's current lumbosacral strain and radiculopathy do not warrant an evaluation in excess of 40 percent.

The veteran's claims for service connection and increased ratings were denied as the claimed conditions are not related to his military service or any service-connected disabilities.

The Board has denied the appellant's claims for increased ratings and service connection for various conditions, including osteoarthritis of the lumbosacral spine with radiculopathy, depression, hepatitis B, appendectomy scar, skin rash, hemorrhoids, right wrist keloid, epididymitis, chronic prostatitis, impotency, colon disorder, anemia, and sinusitis. The claims are denied.

The Board has denied the veteran's claims for increased evaluations of his service-connected hypertension, asthma, and mechanical low back pain with degenerative disc disease L5/S1 and radiculopathy of the left lower extremity. The RO continued the current 20 percent evaluation for the low back disability.

The Board has granted service connection for the veteran's cervical spine osteophytes with radiculopathy and has assigned a 20% rating. The ratings for the right knee, left knee, hypertension, and low back condition are all in accordance with current regulations.

The Board denied the veteran's claims for increased evaluations and service connection, finding that his symptoms did not warrant higher ratings or additional service connection. The RO had already granted service connection for PTSD and asthma, and the current appeal was limited to evaluating his HNP and left hip conditions.

The Board has granted a 60 percent rating for postoperative residuals of a herniated nucleus pulposus with radiculopathy, the maximum available under VA's rating criteria.

The veteran's combined disability rating is 70 percent effective March 1997, and he is entitled to a total disability rating based on individual unemployability due to service-connected disabilities.