Radiculopathy & sciatica decisions — 2011

The Veteran's claim for special monthly compensation based on aid and attendance of another person during his period of incarceration from May 1991 to April 1997 is denied as he does not meet the criteria for this benefit.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining service treatment and personnel records, a medical examination, and any relevant Social Security Administration records.

The Board found no evidence of a current diagnosis of sciatica or nerve damage to the right buttock, and thus denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to assess the nature and etiology of her claimed conditions.

The Veteran's service-connected right hip disability is not the cause of his left hip, radiculopathy, or peripheral neuropathy. The Board has determined that he does not have a currently diagnosed left hip disability and denied increased ratings for sinusitis.

The Veteran's claim for an increased rating for his service-connected thoracolumbar spine disability was denied, as the evidence did not show that he met the criteria for a higher rating based on orthopedic manifestations and incapacitating episodes. The cervical spine disability claim was also denied as there is no evidence of its onset during service or connection to service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining private medical records and scheduling a VA examination. The goal is to determine if a separate compensable rating should be assigned for his service-connected right sciatica.

The Veteran's claim for earlier effective date for a separate evaluation of radiculopathy in the right lower extremity as secondary to lumbar spine disability is denied. The earliest medical evidence showing a diagnosis of radiculopathy was from March 2007, and an increase in disability associated with this condition prior to August 3, 2006 could not be factually ascertainable.

The Veteran's service-connected left lower extremity radiculopathy and degenerative disc space with spondylosis of the lumbar spine have been rated at 20 percent, which is the maximum schedular rating available for these conditions.

The Board finds that the Veteran's lumbar spine disorder, to include sciatica, is not related to her service and thus does not meet the criteria for service connection.

The Veteran's appeal is remanded for additional examinations and development of his claims, including obtaining VA treatment records since June 2009 and determining whether he is unemployable due to service-connected disabilities.

The Veteran's service-connected disabilities, including lumbosacral radiculopathy and depressive disorder, precluded gainful employment for which his education and occupational experience would otherwise have qualified him from December 16, 2003 to August 9, 2004. The TDIU claim is granted during this period.

The Veteran's lumbar spine disorder and associated radiculopathy were found to not warrant a rating higher than 20 percent for the period prior to October 21, 2009 or since December 1, 2009. The right leg radiculopathy was assigned a 10 percent initial evaluation as of January 1, 2008 (excluding the period of entitlement to temporary total disability benefits from October 21, 2009 through November 30, 2009).

The Veteran's claim for an initial evaluation in excess of 10 percent and earlier effective date for service connection was granted. The condition is characterized by radicular symptoms to the toes.

The Board denied the Veteran's claims for service connection for a low back disorder and special monthly pension for aid and attendance or housebound status, finding that his current condition did not meet the criteria for either benefit.

The Board denied service connection for a cervical spine disability and right upper extremity radiculopathy, finding that the Veteran's conditions were not incurred or aggravated by service.

The Veteran's radiculopathy (sciatica) has been granted a separate evaluation, but the claim for an increased rating for radiculopathy remains denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected disabilities and their impact on employment. The TDIU claim will also be referred to the Director of Compensation and Pension for initial consideration.

The Veteran's claim for specially adapted housing assistance is being remanded due to the need for additional examination and review of evidence.

The Board has determined that the Veteran's service-connected PTSD alone would have precluded him from obtaining or maintaining any gainful employment since August 6, 1993. As a result, an effective date of August 6, 1993 for special monthly compensation based on housebound status is granted.