Radiculopathy & sciatica decisions — 2010

The Veteran's service-connected disabilities, particularly lumbar DDD with mechanical low back pain, result in the need for regular aid and attendance of another person. The Board finds that the criteria for special monthly compensation based on the need for regular aid and attendance have been met.

The Veteran's cervical spine disability, including spondylosis and radiculopathy of the left upper extremity, was granted a higher initial rating from November 29, 2000 to present. The current effective date is pending as it has not been determined.

The Veteran's claims for increased ratings for left lower and upper extremity radiculopathy have been denied as the evidence does not support a higher rating at any point during the appeal period.

The Veteran's death was not service-connected, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The Board found that the Veteran did not meet the durational requirement for a total disability rating at the time of his death, nor would he have been in receipt of such compensation due to clear and unmistakable error (CUE) in prior decisions. Therefore, DIC benefits were denied.

The Veteran's service-connected disabilities do not meet the minimum schedular percentage requirements for a total disability rating for compensation based on individual unemployability.

The Veteran's hypertension claim has been reopened, but the Board is remanding her cervical spine and lumbar spine disability ratings as well as her headache disability rating for additional development. The case will be further reviewed after these issues are addressed.

The Veteran's claims for increased ratings and service connection were denied. The RO granted service connection for radiculopathy of the right lower extremity associated with his lumbar spine disability, but did not grant a higher rating.

The Veteran's appeal is being remanded due to scheduling issues for a Board hearing. Service connection claims for various conditions are pending.

The Veteran's asymmetric disc bulging at L4-L5 with lower left extremity radiculopathy was rated as 20 percent prior to April 27, 2007. From April 27, 2007, the rating was increased to 40 percent.

The VA has denied the appellant's claims for increased ratings for total hip replacements on both hips, radiculopathy of the left lower extremity, and compression fracture with laminectomy. The evaluations remain at 30%, 10%, and 40% respectively.

The Board has granted a separate 20 percent rating for the Veteran's right-sided moderate incomplete paralysis of the sciatic nerve, effective from January 26, 2005. The lower back disability and left-sided radiculopathy have not been rated higher.

The Veteran's claims for service connection for a back disorder and skin disability, as well as his claim for an initial evaluation in excess of 50 percent for PTSD are all denied.

The VA Chief Benefits Director denied an extraschedular rating for the Veteran's service-connected lumbosacral strain, finding that it did not present such exceptional or unusual disability picture as to warrant a higher rating.

The Board found that the Veteran's degenerative disc disease with radiculopathy, claimed as a back condition, was not incurred in or aggravated by active service.