Radiculopathy & sciatica Board decisions

The veteran's service-connected disabilities are of such severity as to render him unemployable without regard to his advancing age or the presence of any nonservice-connected disorders.

The Board denied the veteran's claims for increased ratings and benefits under 38 U.S.C.A. § 1151, finding that the right clavicular fracture did not result from VA treatment or vocational rehabilitation.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining medical records and conducting VA examinations to assess the severity of his service-connected conditions.

The Board found that the veteran does not require regular aid and attendance or be considered housebound due to his disabilities.,VA determined that recovery of the overpayment is against equity and good conscience, considering factors such as the appellant's lack of fraud and undue financial hardship.

The veteran's low back disorder is currently rated at 40 percent, effective from December 1997. The claim for service connection for sciatica remains pending.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for degenerative disc disease of the lumbosacral spine with radiculopathy. The veteran's low back disability is being reviewed de novo.

The veteran's appeal is for an increased rating for his service-connected low back disorder, which has been rated at 40 percent. The RO denied the claim and now requests further examination to determine if a higher rating of 60 percent is warranted based on pronounced low back disability.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of evidence showing that his death was caused by a service-connected disability or that he was entitled to benefits under 38 U.S.C.A. § 1318.

The Board found no evidence to support a higher evaluation for the veteran's lumbar strain with right sciatica, multilevel disc derangement and degenerative spondylosis, which is currently rated at 20 percent.

The Board denied the veteran's claims for service connection for a neurological disorder and for bilateral hearing loss, finding that there was no evidence of radiation exposure in service or a nexus between his current conditions and service.

The Board found that the January 1992 rating denial of service connection for chronic low back pain with radiculopathy did not involve CUE, and that new and material evidence was not submitted to reopen the claim of entitlement to service connection for low back disability.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for multiple disabilities of the spine, including degenerative disc disease, osteoarthritis, disc herniation, and sciatica. The Board also found that these conditions are causally related to service.

The Board has determined that the appellant's degenerative disc disease of the lumbar spine warrants a 60 percent evaluation, which is more than the maximum available under the applicable criteria.

The veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to assess the nature and etiology of his back disorders.

The veteran's claim for an initial evaluation in excess of 20 percent for lumbar back pain with sciatica was denied by the RO. The RO had previously granted service connection and assigned a 10 percent rating, which was later increased to 20 percent.

The Board has determined that the veteran's PTSD was incurred during his active service, and thus grants service connection for this condition. The issues of back condition with radiculopathy and bilateral knee condition are remanded due to insufficient evidence.

The veteran's service-connected degenerative arthritis and disc disease of the lumbar spine, with left sciatic radiculopathy, status post diskectomy, left L4-L5 and L5-S1, is currently rated at 60 percent. This rating reflects pronounced symptoms including pain, muscle spasms, weakness, and limited range of motion.

The Board denied the veteran's claims for an earlier effective date for service connection and a noncompensable rating for her headache condition.

The veteran's low back disability has been rated at 60 percent since July 12, 1995. The effective date for this rating is July 12, 1995.

The Board has granted a 60 percent evaluation for the service-connected clinical right L4, bilateral L5-S1 lumbar radiculopathy with degenerative joint disease, bulging L2, L3 and L4.