Radiculopathy & sciatica decisions — 2004

The veteran's appeal is being remanded for further development, including a comprehensive examination of her service-connected disorders and consideration of all applicable criteria.

The Board has granted a 20 percent rating for the veteran's residuals of arthrotomy of the left knee with degenerative joint disease, effective from June 1999. The issue of increased rating for low back strain is pending and will be remanded to obtain a new VA spine examination.

The Board has determined that the veteran's service-connected low back disability substantially limits his mobility, allowing him to qualify for special monthly compensation based on being housebound.

The Board denied the veteran's claims for service connection and a compensable evaluation for his right shoulder disability due to lack of evidence linking current conditions to service.

The veteran's claim for a TDIU is being remanded due to uncertainty regarding his employability solely because of his service-connected disabilities.

The veteran's combined disability rating is 30 percent, which does not meet the criteria for a permanent and total disability rating for pension purposes.

The veteran's appeal is being remanded to the RO for compliance with VCAA requirements and additional development of his claims.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective from March 7, 2001. The effective date of the TDIU is July 8, 1994.

The Board has reopened the veteran's claims for service connection due to new and material evidence, but did not address the merits of these claims as they were decided on the basis of direct service connection.

The Board found that the veteran's lumbar disc disease warranted a rating of 60 percent, which was the maximum schedular rating available. The case does not present an exceptional or unusual disability picture.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The veteran's appeal is being remanded for further development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The VA denied an increased rating for the veteran's lumbosacral strain with degenerative disc disease of the lumbar spine and separate ratings for mild right and left lower extremity radiculopathy.

The veteran's claim for a non-service-connected pension, including on an extra-schedular basis, is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has decided to remand the case for further development, including obtaining additional medical records and arranging for a VA examination.

The Board denied the appellant's application for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to her reaching her 26th birthday prior to the effective date of the veteran's permanent and total disability rating.

The Board denied a total disability compensation rating based on individual unemployability (TDIU) due to the veteran's service-connected lumbar spine disability, and did not find clear and unmistakable error in this decision.

The Board has restored the veteran's original 60 percent rating for his service-connected spondylolisthesis, status post lumbar fusion with radiculopathy involving lower extremities.

The Board has remanded the case due to unclear medical evidence regarding whether the appellant requires regular aid and attendance of another person as a result of his service-connected disabilities. A VA examination is needed to determine this.

The veteran's sciatic neuritis resulting from a fracture of the left ilium is currently rated at 60 percent, which is in excess of the requested evaluation. The other issues are not addressed in this decision.