Radiculopathy & sciatica decisions — 2005

The Board has determined that the veteran's currently diagnosed cervical spine disorder, including degenerative disc disease with radiculopathy, was incurred in active service.

The veteran's low back disorder is rated at 40 percent, but the Board finds that this rating does not meet the criteria for a higher evaluation under either the old or new VA Rating Schedule.

The Board denied the veteran's claims for reimbursement of a computer and printer, as well as self-employment assistance. The VR&C found that reimbursement was not authorized under VA regulations due to lack of requirement by the law school and no evidence showing necessity for such items.

The case is being remanded for additional development, including obtaining updated medical opinions and examinations to assess the severity of the veteran's service-connected disabilities. The veteran will also be provided an opportunity to respond.

The Board has determined that the veteran does not have a current migraine headache disorder or cervical spine disorder that is service-connected. The veteran's claimed conditions are denied.

The Board denied entitlement to an effective date prior to February 26, 1992 for the grant of service connection for right hip degenerative joint disease.,The Board also denied entitlement to an effective date prior to May 22, 1997 for the grant of service connection for lumbosacral strain, degenerative disc disease, and degenerative joint disease with radiculopathy.

The appellant's service-connected disabilities do not prevent him from caring for his daily personal needs and do not render him unable to protect himself from the hazards of daily living. The appellant is not substantially confined to his house or immediate premises as a result of his service-connected disabilities.

The veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine, right total hip replacement, flat feet, and lower extremity radiculopathy, render him unemployable due to constant pain and limited mobility. The Board finds that a total rating based on individual unemployability is warranted.

The veteran's claim for a higher disability evaluation for low back strain with degenerative disc disease and herniated nucleus pulposus at L5-S1 with bilateral sciatic neuropathy was granted, with the rating assigned being 60 percent.

The Board granted entitlement to service connection for internal derangement of the left knee as secondary to service-connected internal derangement of the right knee, and assigned a 20 percent evaluation effective August 16, 2000. The veteran's claims for increased evaluations for his cervical spine disability and right knee disability were remanded.

The veteran's initial evaluations for his service-connected disabilities were granted, with the evaluation for herniated nucleus pulposus L3-S1 with radiculopathy increased to 40 percent effective July 16, 1996.

The Board denied service connection for a low back disorder but granted an increased evaluation of 20 percent for the veteran's left knee disability.

The Board has determined that the veteran's low back disabilities are not associated with his service-connected epilepsy, and thus denied his claim for secondary service connection.

The Board found that the veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, thus denying his claim for special monthly compensation.

The veteran's unauthorized medical expenses incurred at Maria Parham Hospital from October 27, 2001 to November 1, 2001 are denied as he could have been safely transferred to a VA facility for treatment.

The veteran's spine disability, characterized by radiculopathy and limited motion, has been granted a 60 percent rating.

The veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile and adaptive equipment or adaptive equipment only.

The Board found no evidence of a chronic low back disorder present in service or for many years thereafter, and concluded that the veteran's current condition is not related to his military service.

The Board denied the veteran's claims of service connection for bilateral hip disorder, right knee disorder, neurologic disorder involving the lower extremities (including a sciatic nerve disorder), and chronic back disorder. The evidence did not support these claims.

The veteran's service-connected disabilities did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, as he was not rated totally disabled continuously for a period of at least ten years immediately preceding his death.