Radiculopathy & sciatica decisions — 2001

The Board has determined that the appellant's low back disability warrants a 40 percent evaluation, which is the highest rating available under Diagnostic Code 5293 for intervertebral disc syndrome. The evidence does not support a higher rating as there is no pronounced level of disability required for a 60 percent rating.

The Board has denied the veteran's claims for increased ratings for his service-connected right foot callosity, bilateral knee disorders, and lumbar spine disability. The veteran is currently receiving the maximum available rating for his right knee and left knee disabilities.

The Board granted an initial disability rating of 20 percent for the veteran's service-connected chronic low back pain syndrome with recurrent left leg radiculopathy, finding that the evidence did not meet criteria for a higher rating.

The veteran's claim for an increased rating for his service-connected lumbosacral spine disability has been granted, with a 10 percent rating.

The veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.

The VA denied the veteran's claim for a total rating based on individual unemployability due to his service-connected disabilities. The RO found that he met the schedular criteria for such a rating, but the examinations did not address whether his unemployability was solely due to his service-connected conditions.

The veteran's claims for service connection were denied, and the RO assigned a noncompensable evaluation for his fracture of the left third finger due to self-inflicted gunshot wound.

The veteran's claim for a higher rating for gastroesophageal reflux disease (GERD) is denied as the symptoms do not meet the criteria for a higher evaluation under Diagnostic Code 7346.

The Board granted service connection for the veteran's cervical spine disability and assigned a 10 percent rating effective February 18, 1971. The RO increased the rating to 20 percent effective July 26, 1995.

The veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and conducting examinations.

The veteran's service-connected disabilities are of such severity as to render him unemployable without regard to his advancing age or the presence of any nonservice-connected disorders.

The Board denied the veteran's claims for increased ratings and benefits under 38 U.S.C.A. § 1151, finding that the right clavicular fracture did not result from VA treatment or vocational rehabilitation.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and conducting VA examinations to assess the severity of his service-connected conditions.

The Board found that the veteran does not require regular aid and attendance or be considered housebound due to his disabilities.,VA determined that recovery of the overpayment is against equity and good conscience, considering factors such as the appellant's lack of fraud and undue financial hardship.

The veteran's low back disorder is currently rated at 40 percent, effective from December 1997. The claim for service connection for sciatica remains pending.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for degenerative disc disease of the lumbosacral spine with radiculopathy. The veteran's low back disability is being reviewed de novo.

The veteran's appeal is for an increased rating for his service-connected low back disorder, which has been rated at 40 percent. The RO denied the claim and now requests further examination to determine if a higher rating of 60 percent is warranted based on pronounced low back disability.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of evidence showing that his death was caused by a service-connected disability or that he was entitled to benefits under 38 U.S.C.A. § 1318.

The Board found no evidence to support a higher evaluation for the veteran's lumbar strain with right sciatica, multilevel disc derangement and degenerative spondylosis, which is currently rated at 20 percent.

The Board denied the veteran's claims for service connection for a neurological disorder and for bilateral hearing loss, finding that there was no evidence of radiation exposure in service or a nexus between his current conditions and service.