Radiculopathy & sciatica decisions — 2004

The veteran's claim for service connection for degenerative joint disease of the cervical spine with radiculopathy is being remanded to the RO for additional development.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for VA examinations to assess his service-connected conditions. The RO will also consider whether a higher rating or staged ratings are warranted for his spondylolisthesis at L5.

The veteran's service-connected low back injury and right sciatic nerve disorder were denied increased ratings.,A separate 20 percent rating was granted for the right sciatic nerve disorder effective from September 23, 2002.

The veteran's claim for an increased evaluation for herniated nucleus pulposus with sciatica is being remanded due to procedural deficiencies and the need for additional development, including obtaining updated VA examination reports.

The veteran's low back disability was rated at 60 percent for the period after April 1996, and he is currently unemployable due to his service-connected disabilities.

The veteran's cervical spine degenerative disc disease was granted a 20% evaluation effective September 23, 2002. The left heel spurs and GERD with IBS were both granted initial evaluations.

The Board of Veterans' Appeals has determined that the veteran's degenerative joint disease and degenerative disc disease of the lumbar spine, as well as arthritis of the right hip, are related to injuries sustained during a period of active duty for training (ACDUTRA).

The veteran's service-connected back disability necessitates the need for regular aid and attendance, which has been granted special monthly compensation benefits.

The veteran's claims for increased evaluations of his service-connected low back injury with radiculopathy and left knee disability are being remanded due to the need for additional development, including VA examinations.

The Board denied the veteran's request for payment or reimbursement of unauthorized medical expenses incurred from March to May 2001 due to a cervical spine disorder, finding that VA facilities were feasibly available and treatment had been scheduled.

The Board found that the veteran's lumbosacral strain, characterized by low back pain, was incurred during his period of active service. However, the degenerative disc disease of the lumbar spine with right leg radiculopathy or sciatica is not related to his period of active duty and thus denied.

The veteran's special monthly compensation claims for loss of use of both buttocks and right foot are being remanded due to the need for further development, including service connection assessment and a VA examination.

The veteran's service-connected conditions, including neurofibromatosis and related disabilities, make him incapable of performing daily activities without regular aid and attendance.

The Board has remanded the case for further development due to inadequate VCAA notice and an incomplete VA examination report. The veteran's claim is now pending with the RO.

The veteran is seeking compensation under 38 U.S.C. § 1151 for complications from back surgery, including entrapment of the common peroneal nerve and left radiculopathy, which he claims are due to December 1996 surgery at the Cincinnati VA Medical Center. The Board has ordered additional development as requested by the Court's Order.

The Board has restored service connection for L5-S1 radiculopathy secondary to cervical and lumbar myositis. It also granted increased ratings for cervical and lumbar myositis, with the highest rating of 40% effective from March 17, 2003.

The Board has remanded the case for additional development, including consideration of revised criteria for spine disorders and issuance of a VCAA letter.

The veteran's appeal is being remanded for additional development of his claims, including obtaining private treatment records and providing authorization for VA to obtain these records.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound is remanded due to incomplete VA records, inadequate VCAA notice, and the need for a VA examination.

The veteran's claim for a higher disability rating and TDIU was granted effective July 13, 1994.