Radiculopathy & sciatica Board decisions

The veteran's service-connected back disability prevents him from engaging in substantially gainful employment, meeting the criteria for a total rating based on individual unemployability.

The Board granted an effective date of July 31, 1992 for the assignment of a compensable rating (10%) for the veteran's service connected lumbar spine disability. The Board also granted a 20% evaluation from February 3, 1994.

The Board found that the veteran's current lumbar degenerative disc and joint disease, with sciatic nerve condition of the left leg, was incurred in service. The March 1946 rating decision denying residuals of a pilonidal cystectomy is not considered clear and unmistakable error.

The Board has remanded the case due to insufficient evidence and needs further development before a final decision can be made.

The VA denied the veteran's claims for higher initial evaluations for degenerative disc disease at C6-C7 with radiculopathy and bilateral hearing loss.

The veteran's treatment at a private hospital was not authorized by VA, and the Board denied reimbursement for unauthorized medical expenses.

The Board denied the claim for an earlier effective date of May 3, 1995 for the TDIU rating due to lack of evidence showing individual unemployability within one year prior to the June 1991 application.

The veteran's service-connected back disability results in the loss of use of both lower extremities such as to preclude locomotion without the aid of canes, meeting the criteria for specially adapted housing assistance.

The Board has denied the veteran's claim for an increased evaluation of his service-connected herniated nucleus pulposus with sciatica, and also denied service connection for old herniated nucleus pulposus. The RO affirmed these determinations.

The veteran's application for a total disability rating based on individual unemployability (TDIU) was denied due to the presence of other factors, including his own decision to leave his employment. However, he received Social Security Administration (SSA) disability benefits which supported his claim.

The Board has determined that the appellant's low back disability warrants a 40 percent evaluation, which is the highest rating available under Diagnostic Code 5293 for intervertebral disc syndrome. The evidence does not support a higher rating as there is no pronounced level of disability required for a 60 percent rating.

The Board has denied the veteran's claims for increased ratings for his service-connected right foot callosity, bilateral knee disorders, and lumbar spine disability. The veteran is currently receiving the maximum available rating for his right knee and left knee disabilities.

The Board granted an initial disability rating of 20 percent for the veteran's service-connected chronic low back pain syndrome with recurrent left leg radiculopathy, finding that the evidence did not meet criteria for a higher rating.

The veteran's claim for an increased rating for his service-connected lumbosacral spine disability has been granted, with a 10 percent rating.

The veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.

The VA denied the veteran's claim for a total rating based on individual unemployability due to his service-connected disabilities. The RO found that he met the schedular criteria for such a rating, but the examinations did not address whether his unemployability was solely due to his service-connected conditions.

The veteran's claims for service connection were denied, and the RO assigned a noncompensable evaluation for his fracture of the left third finger due to self-inflicted gunshot wound.

The veteran's claim for a higher rating for gastroesophageal reflux disease (GERD) is denied as the symptoms do not meet the criteria for a higher evaluation under Diagnostic Code 7346.

The Board granted service connection for the veteran's cervical spine disability and assigned a 10 percent rating effective February 18, 1971. The RO increased the rating to 20 percent effective July 26, 1995.

The veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and conducting examinations.