Radiculopathy & sciatica decisions — 2008

The Board found no evidence to support the veteran's claims of service connection for bilateral knee, hip, and leg disabilities. The effective date for a total disability evaluation based on individual unemployability due to service-connected disorders was denied as it did not meet the schedular criteria prior to August 10, 2000.

The Board has reviewed the veteran's claims for service connection for various conditions, including asbestosis (also claimed as COPD), PTSD, positive TB test, hypertension, degenerative disc disease of the lumbar spine with lumbago and sciatica, scoliosis, and skin fungus. However, there is no competent medical evidence to support a finding that any of these conditions were incurred or aggravated by service.

The Board has determined that the veteran's service-connected disabilities do not present an exceptional or unusual disability picture, and therefore does not meet the criteria for a total disability rating based on individual unemployability.

The Board found that the February 1993 and September 1994 rating decisions did not contain clear and unmistakable error in failing to award a separate rating for sciatic radiculopathy of the left lower extremity and left foot associated with service-connected degenerative disc disease of the lumbosacral spine.

The Board denied the veteran's claims for earlier effective dates and increased ratings, finding that the June 1974 rating decision was final and that new and material evidence had not been submitted since then.

The Board has remanded the case for additional development, including obtaining VA medical records and conducting examinations to determine the current severity of the veteran's service-connected conditions.

The veteran's claims for increased disability rating, special monthly compensation, specially adapted housing or home adaptation grant, financial assistance for automobile purchase, dependents' educational assistance, and termination of total disability rating based upon individual unemployability due to service-connected disabilities were all denied.

The Board has determined that the veteran's service-connected disabilities contributed to his death, and thus grants DIC benefits on this basis.

The Board has remanded the case due to a lack of VA examination and will provide another one. The veteran's claim for an increased rating for lumbosacral strain is pending.

The veteran was awarded TDIU with an effective date of September 20, 2003. The RO found that the service-connected disabilities rendered him unable to follow a substantially gainful occupation one year prior to his application for TDIU.

The Board has granted an effective date of October 27, 1983 for the award of service connection for right cervical radiculopathy. The veteran's attorney asserts that a letter he wrote to his United States Senator in 1983 should be considered as an informal claim for this benefit.

The veteran's low back disability, which includes paravertebral myositis, left scoliosis, and S5 radiculopathy in the left side, is currently rated at 40 percent disabling. The Board found that the current rating adequately reflects the severity of his condition based on severe limitation of motion.

The veteran's combined disability rating is 50%, which does not meet the minimum schedular criteria for a TDIU. However, his service-connected disabilities do not preclude him from obtaining or maintaining sedentary employment.

The Board denied the veteran's claims for service connection for sleep apnea, as secondary to his service-connected nasal fracture. The ratings for the residuals of a nasal fracture and bilateral hearing loss were also denied.

The veteran's service-connected disabilities require him to be in need of regular aid and attendance, warranting special monthly compensation based on the need for aid and attendance.

The Board has determined that a rating in excess of 40 percent for lumbar stenosis and a rating in excess of 20 percent for radiculopathy of the right leg are warranted based on current functional limitations.

The Board has remanded the case for compliance with its April 2007 remand directives, including providing the veteran with proper notice and additional evidence. The case will be reviewed by the RO after all necessary development is completed.

The veteran's appeal is remanded for further consideration of the rating for her low back disability, including intervertebral disc syndrome criteria and extraschedular considerations. The RO must also provide proper notice regarding the specific criteria necessary for increased ratings.

The Board denied the veteran's claims for service connection for ankylosing spondylitis of the thoracolumbar spine and L5-S1 radiculopathy, finding that there was no evidence to support a nexus between these conditions and his military service.

The Board has determined that there is not sufficient evidence to support the veteran's claims for service connection for degenerative disc disease of the lumbar spine and cervical spine, with S1 radiculopathy and erectile dysfunction.