Radiculopathy & sciatica decisions — 2001

The veteran is seeking special monthly compensation based on loss of use of his lower extremities due to a service-connected low back disability. The Board has ordered additional VA examinations and requested the RO to obtain all relevant medical records in order to determine if the veteran's functional limitations are solely attributable to his service-connected condition.

The Board has granted increased disability ratings for chronic headaches and muscle strain of the thoracic and lumbar spine, with radiculopathy. The appellant's symptoms have been characterized by severe economic inadaptability due to his headaches, moderate pain and minimal functional impairment from his thoracic spine strain, and no clinically demonstrable radiculopathy from his lumbar spine strain.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for cause of death.

The veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, which reflects moderate pain with recurring attacks. The Board found that this condition does not warrant a higher rating as it does not meet the criteria for severe intervertebral disc syndrome or severe limitation of motion.

The veteran's claim for an earlier effective date for a 60% rating for degenerative disc disease at C3-7 with radiculopathy was denied as there is no legal basis under the law to assign such a date.

The veteran's low back disability is currently rated at 40 percent, and the Board has granted an increased rating. However, he remains unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board denied the veteran's request for an earlier effective date for his service connection for COPD and TDIU. The effective date for the TDIU was granted as of April 23, 1998.

The Board has reopened the claim for service connection for a low back disability, including arthritis and sciatica. Additional development is needed to obtain relevant medical records.

The Board denied the appellant's claim for special monthly death pension for the surviving spouse of the veteran by reason of being housebound due to her not being substantially confined to her home or immediate premises.

The VA denied the veteran's claim for reimbursement of medical expenses incurred at a non-VA hospital due to lack of authorization and availability of VA facilities.

The veteran's service-connected back disability prevents him from engaging in substantially gainful employment, meeting the criteria for a total rating based on individual unemployability.

The Board granted an effective date of July 31, 1992 for the assignment of a compensable rating (10%) for the veteran's service connected lumbar spine disability. The Board also granted a 20% evaluation from February 3, 1994.

The Board found that the veteran's current lumbar degenerative disc and joint disease, with sciatic nerve condition of the left leg, was incurred in service. The March 1946 rating decision denying residuals of a pilonidal cystectomy is not considered clear and unmistakable error.

The Board has remanded the case due to insufficient evidence and needs further development before a final decision can be made.

The VA denied the veteran's claims for higher initial evaluations for degenerative disc disease at C6-C7 with radiculopathy and bilateral hearing loss.

The veteran's treatment at a private hospital was not authorized by VA, and the Board denied reimbursement for unauthorized medical expenses.

The Board denied the claim for an earlier effective date of May 3, 1995 for the TDIU rating due to lack of evidence showing individual unemployability within one year prior to the June 1991 application.

The veteran's service-connected back disability results in the loss of use of both lower extremities such as to preclude locomotion without the aid of canes, meeting the criteria for specially adapted housing assistance.

The Board has denied the veteran's claim for an increased evaluation of his service-connected herniated nucleus pulposus with sciatica, and also denied service connection for old herniated nucleus pulposus. The RO affirmed these determinations.

The veteran's application for a total disability rating based on individual unemployability (TDIU) was denied due to the presence of other factors, including his own decision to leave his employment. However, he received Social Security Administration (SSA) disability benefits which supported his claim.